Mombasa church sued for alleged land grabbing
Thathini Development Company Ltd has accused a church, its priest, and a community organisation of encroaching on part of its 100 acres of land.
What you need to know:
- The company says that despite a written demand to vacate from the land, the defendants have refused to leave.
- It also wants the court to issue an order of demolition and eviction of the illegal structure, against the defendants.
A land development company has sued a church, its priest, and a community organisation, accusing them of encroaching on part of its 100 acres of land in Kashani area, Mombasa County.
Thathini Development Company Ltd claims that the land has been sub-divided into various portions in which Kashani Catholic Church, its priest Amalanathan Martin, and Gamaka Community-Based Organisation are constructing a church.
Through lawyer Mwaniki Gitahi, the development company claims that it has been deprived of the use, possession, occupation and quiet enjoyment of the land and that the defendants have erected a perimeter fence.
The company wants the court to issue an order directing the defendants to vacate the land.
“The defendants have grabbed acres of land without buying from the registered owners and their action of building a church on stolen land has created an eyesore and thus defaced the beauty, flora and fauna of the property,” argues the company.
According to Thathini Development Company Ltd, the defendants and their proxies had earlier filed an adverse possession case against it but was dismissed.
It also argues that the defendants threaten and intend, unless restrained by court, to continue to remain in wrongful occupation of the land or continue trespassing.
The company says that despite a written demand to vacate from the land and notice of intention to sue having been issued, the defendants have refused to leave.
It also wants the court to issue an order of demolition and eviction of the illegal structure, against the defendants, supervised by the officer commanding Kisauni division and Administration Police commandant, Kisauni.
Thathini Development Company Ltd is also seeking for an order for general damages for trespass and profits for wrongful occupation of the land, to be issued against the defendants as trespassers. The case will be mentioned on October 22.
