- Justice Evans Makori issued an injunction stopping the move pending hearing and determination of the suit.
- Hassan, through Osundwa Sakwa Advocates, argues that his lease issued by ADC has not expired.
Image: FILE
The High Court in Malindi has stopped the Agricultural Development Corporation from handing over to Mombasa Cement 100,000 acres of the Galana ranch in Kilifi.
This follows a petition filed by a businessman who claims he was illegally removed from the land.
Abdullahi Hassan operating under Sahal Agro Holdings Limited sued ADC, its managing director Mohamed Bulle and Mombasa Cement Limited claiming the agency wanted him illegally moved out of the Galana Ranch Block in Kilifi county.
Justice Evans Makori issued an injunction stopping the move pending hearing and determination of the suit.
He directed that the matter be heard on December 4 and that all parties file replying affidavits within 14 days.
Hassan, through Osundwa Sakwa Advocates, argues that he had operated on the land for 16 years. He said his lease issued by ADC has not expired.
He says the occupation was renewable for a further four terms of 16 years each for the purpose of operating and carrying out his business activities as per the lease.
Hassan was granted a one year grace period and was to pay a rent deposit of Sh4 million, which he did.
The businessman says he planned to get foreign investors to invest in sunflower business on the land.
In 2015, the government issued an advisory to Sahal to temporarily halt their operation to allow for the installation of the main irrigation infrastructure.
Instead, Sahal was shocked to learn the land had been leased out to what he called as a stranger despite the existence of the lease agreement.
“The defendants’ act of purporting to negotiate to enter into a lease amongst themselves and with third parties over the suit property is arbitrary, punitive and prejudicial to the plaintiff who has a legitimate expectation to peaceful and quiet possession, occupation and use of the property in light of the lease dated February 17, 2021,” say the papers filed in court.
Hassan was evicted from the land in August.
Bulle said he could not comment on the matter because it is pending in court for now.
Hassan argues no reason has been given to him for the adverse and unlawful actions of the defendants, which are contrary to rule of law and a blatant breach of the terms of the lease between the parties.
He attached the lease agreements in the matter as evidence to the case.
The matter opens a gruelling legal tussle in courts over the expansive farm owned by ADC.
Hassan claims there were underhand dealings that led to the developments and that the ADC board had not approved the move.
“I will fight for my rights. We know what happened and will fight this to the end and expose all those involved,” he said.
There are private entities on the land who have leased it for commercial use.