A court in Mombasa has awarded an oil marketer Sh1 million in general damages in a land ownership dispute case they won against a public primary school.
The Khadija Primary School management board has been ordered to pay Total Kenya the money, on top of being barred from interfering in any way with the disputed piece of land.
“This court finds that the first to fourth defendants (board of management and three of its members) have caused the second plaintiff (Total Kenya Ltd) economic hardship,” said Justice Yano of the Environment and Land Court in his ruling on Friday.
He awarded Sh1 million in general damages with interest and costs of the case to be borne by the four defendants, who had been sued by Elf Oil Kenya Ltd and Total Kenya Ltd.
“The plaintiffs have been unable to develop the land since the first to fourth defendants have deprived them of their quiet enjoyment of the property,” said Justice Yano. He added that the defendants’ entry into and occupation of the land constituted trespass. The two firms had told court that Elf Oil Kenya had acquired a 99-year lease for the land from the Municipal Council of Mombasa on August 21 1997.
They said that, in 2000, Total Kenya bought out the entire business from Elf Oil Kenya, including all assets and petrol stations, of which the suit property is part.
In 2002, Total Kenya started building perimeter wall around the petrol station. But, before the wall was completed, the defendants accompanied by other people demolished a section of it, claiming that the land belonged to Khadija Primary School.
Arguments
The oil marketers claimed that they had been unable to develop or make use of the land due to threats and intimidation by the four defendants.
On their part, and through the Attorney General, the defendants accused the oil companies orchestrating a land-grab.
They further argued that the school and its administration was not involved in the protest or pulling down of the fence.
They argued that the court not to hold them liable for the activities of strangers they claimed were not acting on behalf of the school. They noted that Khadija Primary School is the only public school serving a large population in Kisauni and Bombolulu and is currently being expanded to accommodate a secondary school.
On its part, the Municipal Council of Mombasa told court that the school had failed to prove the suit property was part of the land it had been allocated.
According to the council, the four defendants alleged fraud on part of the plaintiffs but failed to provide evidence to support their claim.
It further denied double registration on the land, maintaining that Total Kenya Ltd is the only registered entity as seen from the sublease and letter of consent. BY DAILY NATION