For the sixth time, the Environment and Land Court in Kwale has failed to deliver judgment in a high-stakes Sh15 billion land dispute involving two Mombasa residents and a company linked to a prominent businessman.
Justice Titus Naikuni informed the parties on Thursday that the judgment was not ready, postponing the ruling to September. The case, which has dragged on for years, pits petitioners Juma Abdalla Munyau and Asma Nduku against Mayport Limited a company associated with the businessman at the centre of the land grabbing claims.
The dispute concerns a prime parcel of land whose ownership is contested. Last year, Justice Naikuni directed Mayport Ltd directors Shaniz Chatur, a former legal advisor at Grain Bulk Ltd, and Yakatali Amirali Lamuwalla, the businessman’s personal assistant to produce the original title deed to validate their ownership.
However, the company failed to present the title deed or any evidence of purchase, while the petitioners submitted a title deed they claim proves the land was fraudulently transferred between James Kibet Chichir and Mayport Ltd.
The delays have drawn criticism, given the value of the land and the gravity of the fraud allegations. The petition also names the Registrar of Lands and the Attorney General as respondents.
Justice Naikuni’s repeated failure to deliver judgment continues to prolong the legal battle, keeping the fate of the multi-billion shilling property in limbo.
