Businessman loses court case over demolition of Buxton petrol station

A businessman has lost a case where he had sued former Mombasa Governor Hassan Ali Joho and the county government of Mombasa over demolition of his gas station (petrol station) at Buxton area.

The gas station had been demolished to pave way for the construction of apartments by Buxton Point Apartments Ltd, associated with businessman/politician Suleiman Shahbal who was also sued in the case.

Justice James Olola ruled that he was not persuaded that businessman Abdullahi Gele, trading as Buxton Filling Station, had any legal interest in the land where his premises were located.

“It was indeed clear to me that there were no constitutional rights of the petitioner (Mr Gele) that had been infringed,” ruled Justice Olola of the Environment and Land Court in Mombasa.

He added that that the alleged illegalities that the businessman claims to have been subjected to could have been addressed by way of an ordinary civil suit.

“It follows that I did not find merit in the amended petition dated. I hereby dismiss the same,” ruled Justice Olola.

The judge ruled that it was evident that while the lease was specifically for residential purposes, the petitioner was using the same for commercial purposes by conducting the business of a petrol station. 

“That was clearly in contravention of Section 12 (8) and (9) of the Land Act,” ruled Justice Olola in his decision.

It was Mr Gele’s case that he was a lawful occupant and sub-lessee carrying on the business of a gas station and car wash on the property.

He told the court that on September 29, 2021, the county government, Buxton Point Apartment Ltd and Mr Shahbal sent their employees accompanied by other people he described as goons who proceeded to the land and fenced it.

The petitioner also told the court that September 30, 2021, the same people demolished all the structures on the property thereby depriving him of his source of livelihood.

Mr Gele urged the court to declare that the respondents’ acts violated his rights as enshrined under the constitution and that he is entitled to an order for general and punitive damages.

He also sought for an order directing the land be returned to him and his filling station be rebuilt and restored to its original station before the illegal demolition was done.

On its part, the county government did not deny that it had evicted the petitioner from the land.

It asserted, through its Director of Land Administration, that the evictions carried out were lawful as it was the registered proprietor of the land which the petitioner had been occupying unlawfully. 

The devolved unit denied that it had leased the property to the petitioner or given its authority for a sub-lease to him.

The county government further said that it had acted within its rights to reclaim the land after entering into a joint venture contract for the purpose of renewal and re-development of ten (10) of its dilapidated estates including Buxton Housing Estate in Mombasa Island.

Some of the respondents argued that at the time of execution of the agreement the land had within it unoccupied blocks of flats which the county government demolished and commenced building affordable houses.

The respondents told the court that the developments are confined to another block of land and not on the parcel described by the petitioner.

The Chief Land Registrar and the Attorney General also opposed the petition.