KAA, NLC enjoined in case over disputed Changamwe land
The Mombasa Law Courts.
The Kenya Airports Authority and the National Land Commission have been enjoined in a case involving a disputed parcel of land in Changamwe, Mombasa, that a company says it owns.
Flora Impex Ltd has sued the Kenya Rural Roads Authority, Kenya Power and the National Government Constituency Development Fund wanted the two state agencies included in the case.
Mombasa Environment and Land Court Judge Sila Munyao ruled that Flora Impex should be allowed to argue its case if it thinks the NLC did not properly annul its title to the land.
“I would not wish to shut her (company) out from saying so. I see no prejudice to KAA because it will still have an opportunity to challenge the pleadings upon amendment,” Justice Munyao said.
Flora Impex argued that the NLC’s decision that the property was public land was illegal.
The company also argued that the defendants demolished its wall and installed electricity poles and that contractors under instructions from KAA continue to demolish the wall.
It said that if it is successful in the case it might be impossible to undo the road and electricity project and thus the only recourse will be to seek compensation.
KAA had opposed the petition, arguing that the dispute between them had been determined by NLC and that the court could not enjoin the lands agency to hear the matter afresh.
The Kenya Rural Roads Authority, Kenya Power and the NG-CDF also opposed the application.
Flora Impex wants the court to declare it the rightful owner of the land and issue a permanent injunction to restrain the defendants from entering the land.
It also wants the defendants to be compelled to vacate land.
The court also ruled that the company was free to amend its pleadings within the next 14 days.
