The High Court in Mombasa County has ordered the Industrial and Commercial Development Corporation (ICDC) and a freight company to pay a Mombasa businessman Sh8 million for auctioning his plot.
High Court Judge Mary Kasango in her ruling on Wednesday awarded Mr Welsa Bange Oganda Sh8 million as damages after his plot was illegally auctioned 18 years ago.
Oganda had filed the case seeking to sue ICDC and the freight company for auctioning his plot after he failed to service a loan he received from ICDC.
The court heard that Oganda had applied for Sh300,000 loan from ICDC to build a business premise in Mombasa but the commercial development company released the money in bits making it difficult for him to carryout his project.
Justice Kasango said: “Oganda received the first bit of the loan on May 28, 1975. The corporation released the money in bits making it difficult for Oganda to carry out his project and he was not able to service the loan.”
Justice Kasango ordered that the plot which was registered in the name of Coastal Professional Freighter Company after the illegal auction, be registered in the name of the complainant, Oganda.
The proprietor of the freight company was given 30 days to vacate the plot or face eviction.
Justice Kasango while making the ruling regretted that Kasango had to wait for 17 years to get justice saying the delay was due to the many transfers of the judges who were handling the case.