Fresh row over Sh30bn estate
A 70-year-old woman embroiled in a Sh30 billion housing project has refused to sign transfer documents, a judge was told on Thursday.
Mrs Nancy Gatabaki had declined to sign lease documents for some of the completed houses in the Fourway Housing Project, Commercial Division judge Daniel Musinga was told.
“The plaintiff has refused to consent to sign lease documents despite being paid over Sh400 million as per consent order,” lawyer Cecil Miller said.
Mr Miller said if Mrs Gatabaki was not happy with the consent order recorded on March 8, 2012, before Mr Justice Jonathan Havelock “then she should file a complaint to the court”.
The lawyer said private developer Suraya Property Group had complied with the orders of the court.
“The court order required the directors of Suraya Property Group and Muga Developers Ltd to pay Mrs Gatabaki Sh735 million before she consents to the transfer of her 100-acre parcel of land on which the housing project is being built. We have paid her over Sh402 million,” Mr Miller stated.
He said the consent was supposed to have been effected within 14 days from March 8 but “it is over two months and nothing has been done”.
He urged the judge to direct Mrs Gatabaki to comply with the court order she signed before Mr Justice Mohammed Warsame on September 6, 2011.
Mrs Gatabaki had complained that her rights had been infringed upon when her land was mortgaged in banks and loans obtained to develop the housing project without her consent.
On Thursday, lawyer Ashford Muriuki, for Mrs Gatabaki, informed Justice Musinga that “there are many issues which cropped up after the consent order was recorded in court”.
He said she was yet to get 3.6 acres which were to be hived off the 100 acres now being developed.
Under the terms of the consent order, a company was to be registered in which she would have shares.
The company was to manage some of the businesses in the giant housing project.
Mr Muriuki said the company had not been registered. He asked Justice Musinga to refer the file back to Justice Warsame who recorded the consent orders for interpretation.
However, Justice Musinga advised lawyers Miller and Muriuki to file a formal application seeking directions.
The judge will issue further directions on May 24.
Posted on THE NATION on May 10, 2012