Ugandan tycoon loses battle over State’s seizure of his land

• Mombasa judge Edward Muriithi dismissed the application by Mayur Madhvani ‘‘in public interest’’ and ordered the government to ensure that only genuine squatters are settled.
• Mr Madhvani moved to court to challenge the revocation of the119 title deeds which were later amalgamated by the Ministry of Lands
• Through his company, Emfil Limited, Mr Madhvani alleged that lands officials were subdividing the land so as to allocate some parcels to certain people. Mr Muriithi, however, found that adequate evidence was adduced to show that the land was set aside for settlement of squatters.
• However, Mr Muriithi said that the company could pursue the government for compensation because ‘‘the gazette notice was made without authority and in breach of the right to fair administrative action.’’
• The land was allocated to squatters at Sh7,000 per acre. The judge directed the land officials to lodge the profiles of the allotees with the court within 30 days, to demonstrate their squatter status. He ordered that the squatters be barred from selling the land for a period of 30 years.

A Ugandan tycoon has lost a court battle over revocation of titles to a piece of land worth Sh1.2 billion that the government has earmarked for the settlement of squatters.

Mombasa judge Edward Muriithi dismissed the application by Mayur Madhvani ‘‘in public interest’’ and ordered the government to ensure that only genuine squatters are settled.

“In my view, settlement of over 180 families in the scheme would be in public interest and overrides the single applicant’s interest to the property,” Mr Muriithi said. Mr Madhvani’s application sought to overturn a decision by the registrar of titles to revoke the documents through a gazette notice last year.

Mr Madhvani moved to court to challenge the revocation of the119 title deeds which were later amalgamated by the Ministry of Lands.

Through his company, Emfil Limited, Mr Madhvani alleged that lands officials were subdividing the land so as to allocate some parcels to certain people.

Mr Muriithi, however, found that adequate evidence was adduced to show that the land was set aside for settlement of squatters.

However, he said that the company could pursue the government for compensation because ‘‘the gazette notice was made without authority and in breach of the right to fair administrative action.’’ “Emfil’s rights to compensation for takeover of the suit property by the government will be determined upon establishment of a valid title,” the judge said.

The land was allocated to squatters at Sh7,000 per acre. The judge directed the land officials to lodge the profiles of the allotees with the court within 30 days, to demonstrate their squatter status. He ordered that the squatters be barred from selling the land for a period of 30 years.