Mombasa residents battling ,land dispute against Mombasa businessman will be forced to wait for longer as judge differs his judgement for the 9th time
The petitioners will be waiting to know whether Mombasa businessman Mohammed Jaffar will be forced to surrender land worth over Sh15 billion, he allegedly obtained through fraud.
Juma Abdalla Kathenge and Asma Nduku, who filed the case against Jaffa’rs proxy company Mayport Ltd, were on Friday informed that the case was among 18 files pending judgement
“The judgement is not ready. Just to give you a heads-up, I am actually writing the judgement now, and I will deliver the decision on notice ,” said Justice Lucas Naikuni.
This is now the ninth time that the judge differed the ruling ,noting that this was one of the many cases that he was still working on.
The judge decried the large number of files that he had moved with from Mombasa to Kwale as the reason he has been unable to deliver the judgment .
He said when he was transferred to Kwale ,he moved with over 136 files but said that he is only remaining with 18 pending rulings and judgements .
During the hearing of the case ,justice Naikuni had ordered Mayport Limited through its director Shaniz Chatur, former grain bulk limited legal advisor, and the personal Assistant to Mohammed Jaffar, to produce in court the original title deed to prove ownership and and the lagality of the disputed land.
However, they were unable to produce the title before court.
The petitioners, however, produced the alleged title deed before the court.
Mayport director also failed to produce to court any purchase payment documents for said land.
The petitioners thhrough lawyer Steve Ogolla informed the court that the defendant, Mayport Limited claimed that he bought the disputed parcel of land in the year 2014 at Ksh 15 million, but failed to prove ownership before court.
“This is a clear indication that the company ,illegally and fraduently acquired the land through fradulent means,” stated Ogolla.
The court was further informed that a sale agreement that was allegedly used in the purchase of the land had been prepared by Lawyer Michael Oloo through Oloo and Chatur advocates,lawyers associated with Jaffar
“Mayport Limited lawyers Oloo and Chatur advocates, who were the advocates of the buyer, Mayport Limited, prepared a sale agreement, which is against the LSK property sale agreement that requires the seller’s advocates to prepare a sale agreement,” Stated Ogolla.
The battle for the land began when petitioners Munyau and Nduku sued the Registrar of Land, the Attorney General, and Mayport Ltd for the alleged fraudulent transfer of the land between James Kibet Chichir and Mayport Ltd.