A Mombasa judge has apologised for yet again failing to deliver judgment in a high-stake Sh15 billion land dispute pitting two local residents against a company associated with businessman Mohamed Jaffer.
Environment and Land Court Judge Lucas (Titus) Naikuni, sitting in Mombasa on Friday, said he was overwhelmed by numerous and voluminous matters before him, forcing him to defer the ruling for a record eighth time.
“I know this is one of the matters where judgment has been deferred several times. It will be ready for delivery on October 17 this year,” Justice Naikuni told the court before offering a sincere apology to the litigants.
The case was first filed in 2021 by petitioners Juma Abdalla Munyau and Asma Nduku, who accuse Mayport Ltd—a company linked to businessman Jaffer—of fraudulently acquiring the multi-billion shilling property.
The petitioners also sued the Registrar of Land and the Attorney General over the alleged irregular transfer of the land between a previous owner, James Kibet Chichir, and Mayport Ltd.
They claim Mayport Ltd has no valid ownership documents for the land.
In 2023, Justice Naikuni ordered two Mayport directors—Shaniz Chatur, a former Grain Bulk Ltd legal advisor, and Yakatali Amirali Lamuwalla, Jaffer’s personal assistant—to produce the original title deed to prove the legality of their claim.
While the petitioners tabled the alleged genuine title deed for verification, the company failed to produce the original ownership document or any evidence of purchase payments.
The prolonged delays have since frustrated the litigants, who say they have waited four years for justice in one of the most high-profile land disputes at the Coast.
The matter is now slated for judgment on October 17.
Written By: Peter Maseke.