Firm seeks Sh300m from State

A Mombasa-based private firm, Kalliste Ltd, has sued the State over Sh300 million compensation in a land ownership dispute.

Kalliste wants the High Court in Mombasa to order the government to pay it Sh300 million as compensation for the 0.68 hectares prime land located in the suburbs of Kizingo.

Kalliste Ltd Director Anishi Doshi told Justice Charles Yano on Friday that the company bought the land on July 7, 1997, for Sh11 million from Nova Holding Ltd.

Doshi, through lawyer Willis Oluga, said the land holds a 99-year lease from the State with effect from July 1, 1997, at a revisable annual rent of Sh164,000.

“The leasehold interest over the suit property was at all times valid and lawful and same could only be determined or terminated by the government after following due process,” said Doshi.

Doshi wants Justice Yano to declare the revocation and cancellation of the survey plan of the said title as unlawful, null and void and declare him as the lawful leasehold proprietor of the suit property.

He also wants a declaration that the entry of the Government Training Institute (GTI) in Mombasa campus, Kenya School of Government, the Ministry of Public Works and Tulsi Construction Dishes into the suit property is unlawful, and the structures demolished.

However, Attorney General through lawyer Wachira Guguyo said the land belongs to GTI, noting that the claim by Kalliste does not exist on the survey map.

Wachira said that if Kalliste bought the land from Nova Holdings, they did so at their own risk as they were aware that the property belonged to GTI.

“In the alternative of the foregoing but with prejudice, the AG avers that if there is any claim the same should be directed at Nova Holding Ltd and not the government,” said Wachira.

Wachira also questioned why after purchasing the land in 2005, Kalliste presented the documents for registration in 2007.

He said Kalliste never paid stamp duty. District Surveyor in Mombasa Rachael Ndambuki said the land claimed by Kalliste was for GTI.