Taj Mall owner Rameshchandra Govind Gorasia has lost his bid to quash a criminal case against him regarding how he acquired title deeds to the land on which his shopping complex is built.
In an article published by daily nation, High Court judge George Odunga yesterday ruled that Mr Gorasia’s argument that he was an innocent purchaser of the land on which Taj Mall stands should be presented before the chief magistrate as his defense in the case.
Mr Justice Odunga argued that a defense to a criminal case is not grounds to apply for quashing of one’s trial before the Chief Magistrate’s Court.
Mr Gorasia in his application before the Judicial Review Court held that the Land Fraud Investigations Unit (LFIU) should have investigated how two title deeds were issued in respect of the same land. The Taj Mall owner also claimed that the unit had not done any tests to prove which of the titles is valid.
“In my view the applicant’s case seems to be what constitutes his defense to the criminal charges and the mere fact that a person believes he has a good defense to the criminal case is not a ground for commencing judicial review proceedings.
“In the premises based on the material placed before me, I am unable to find that the applicant has established a prima facie case,” Mr Justice Odunga ruled.
Mr Gorasia has been charged with forgery, as the LFIU insists that the Taj Mall owner fraudulently obtained the title deed to his land. The National Land Commission and the Kenya National Highways Authority last year threatened to demolish Taj Mall down to make way for the Eastern Bypass.