A man risks losing his property after a court declined to compel the county government to compensate him Sh56 million for taking his land.
Abdalla Mohamed Abdalla told the High Court on Monday that he took Sh54 million loan from SBM Bank to develop the property before the county illegally acquired them.
Abdalla, who is bed-ridden, said he risks being thrown out of his house if he does get money to service the bank loan.
Through his lawyer, Daniel Ngonze, the man filed an application seeking to stop sale of his multi-million shilling home and businesses.
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SBM Bank had written to Abdalla demanding Sh54,644,532 inclusive of accrued interest as at September 1.
Last week, Justice Charles Yano issued temporary injunction stopping the bank from selling Abdalla’s house and hardware store valued at Sh60 million pending the hearing and determination of the application.
“I direct the P.O be heard first by written submissions. In order to allow me consider the P O and the application, is only fare an interim injunction be issued to stop the sale pending hearing of the P.O and application provided the plaintiff gives an undertaking of meeting damages thereof,” said Justice Yano.
On November 3, 2015, Abdalla sued Mombasa County Government for trespass and illegal acquisition of his land to construct a road.
He sought Sh56 million compensation if the county fails to stop road construction and remove materials from his six plots.
In his petition, Abdalla said that he is the registered owner of the six plots worth Sh56 million and he has been paying rates to the county.
He accused the county government of demolishing structures on his plots on September 8, 2015.
Abdalla told the High Court and Court of Appeal that he never received any demand or report that the suit property was on a road reserve or road.
“Mombasa County has acquired the suit properties for the benefit of public use without compensating me for the value of Sh56 million. I cannot benefit from the said properties unless compensated fully at full market value,” said Abdalla in his application in court.
No loss or damage
The county government however denied demolishing the structures and said the property was on a road reserve and the exercise was conducted for the benefit of the public.
Justice Yano ruled that the six plots belong to Abdalla and the county had trespassed on his land.
The judge noted that Abdalla used the plots as his access road to his businesses and residential property.
However Justice Yano declined to compel the county government to compensate Abdalla Sh56 million stating that there was no loss or damage suffered by the construction of the road.
“Even though the construction of the road by the county government on the suit properties would amount to an act of continuing trespass, Abdalla has not suffered any loss and damage,” the judge ruled.
On September 3, 2018, Abdalla appealed Justice Yano’s decision.
However the appellate court also declined to award Abdalla the Sh56 million and upheld Justice Yano’s decision