Leisure Lodge faults AG in Coast land row

Leisure Lodges Ltd has described as erroneous submissions by the Attorney General that its parcels of land in South Coast are government owned.

Through lawyer James Ochieng, Leisure Lodges told a three-judge bench that the land was private and has never belonged to the government.

The three-judge bench sitting in Mombasa comprises Justices Eric Ogola, Mugure Thande and Dora Chepkwnony.

“This was private land, transmitted from owner to owner, where is the issue of public land allocated to Leisure Lodges?” posed Mr Ochieng.

He further submitted that there are decrees that the parcels of land belong to Leisure Lodges and that no application has been made to set them aside.

At the centre of the dispute is more than 76-hectare (187 acres) parcels of land worth millions of shillings in Diani, South Coast.

Leisure Lodges Ltd says it is the registered owner of the 10 parcels that are adjacent to its beach resort and golf club and is entitled to their absolute possession.

It has sued the government, companies, business entities and individuals — more than 700 respondents — who have interests in the prime land.

Mr Ochieng told the court that Leisure Lodges had given out 93 acres of land to settle squatters.

“It is not true we did not give land to squatters, we gave land to them,” he said.

The court further heard that if there is an order to the National Land Commission from the court to settle genuine squatters and not government administrators and police, the squatters ought to be allocated the land given out.

According to Leisure Lodges, its petition is about the interpretation of the Constitution and calls on the court to sort out the issue of land in Diani.

Mr Ochieng dismissed the cross-petition by the AG saying it is misconceived and intended to deprive it of its land.

“In order to promote public confidence, it is to restore the integrity of land registration in Diani, otherwise the problem will not end,” he submitted.

Leisure Lodges wants a declaration that the subdivision of its land and allocation of plots created over and within its parcels of land to third parties is contrary to the law.

Through litigation counsel Nguyo Wachira, the AG said the revocation was justifiable due to failure by Leisure Lodges to comply with the terms and conditions they had been given.