Appellate court stops bid by woman to claim Sh50m house
The Court of Appeal has declined to save a woman from losing a Sh50 million house she sold while admitted in a psychiatric ward.
Appellate court declined to overturn Justice Grace Nzioka’s orders to Monicah Jackline Wambui to hand over the prime property in spite of not having received any payment in 2009 for the disputed sale.
A three-judge Bench comprising Agnes Murgor, Fatuma Sichale and Sankale ole Kantai in dismissing the appeal, said no credible evidence had been placed before it to show that Wambui’s mental capacity was affected in any way.
“There is indeed an agreement for sale entered into by Monica Jackline Wambui and the respondent on January 13, 2009.
The agreement was drawn by Chege Wainaina and Company Advocates and advocate Chege Wainaina witnessed for both the seller and buyer,” the judges ruled.
Wambui through lawyer Danstan Omari had moved to the Court of Appeal seeking interim orders to stop the execution of the High Court decision to allow for her appeal.
However, the appellate court dismissed the application, paving way for a planned eviction of Wambui.
Following the ruling dated May 7, 2021, Wambui has now been given a seven-day notice to move out of the house situated on Dennis Pritt road or face eviction.
Paid in full
Further, the lawyers for Lucy Mwangi, who is the purchaser of the house are demanding Sh8.8 million as legal fee for the case.
“Take notice that if the said sum of Sh8,792,385 is not paid and vacant possession granted immediately and, in any event, not later than May 21, 2021, we will take immediate steps to evict those in occupation and execute the judgment in its entirety,” Aldrin Ojiambo of Acord Law firm wrote on May 10, 2021.
The appeal court’s finding on her mental capacity to enter into the deal is a contradiction of Justice Nzioka, who had acknowledged that Wambui was suffering and is still recovering from depression.
“However, on general observation, this matter presented a very sad case before the court, and material conditions of Wambui was considered and seriously regretted,” she stated.
Last year, Justice Nzioka ruled that by the time Wambui wrote to her lawyer to cancel the transaction, the contract had already been concluded and the title deed already transferred to Mwangi.
“I have considered the evidence analysed herein and I find that there are no factors established to vitiate the sale agreement entered between Ms Mwangi and Ms Wambui.
The contract of sale of the suit property was basically concluded on the date of the sale agreement and was signed and consideration received in full,” Justice Nzioka declared in a judgment on May 18.
Mwangi had moved to court on March 17, 2009 and listed Wambui as first defendant and Wambui’s mother Pauline Mukuhi Ng’ang’a as the second defendant.
She accused the two of depriving her possession of the house in spite of having paid Sh13.7 million to Wambui’s lawyer Chege Wainaina.
However, Wambui told the court that the sale agreement was obtained in a fraudulent manner given that at the time she signed the agreement, she was suffering from depression and could not be competent to enter into a contract.
Equally, Wambui has not received any payment from the sale as she had written to the lawyer to cancel the deal.
She further told the court that she was holding in trust the four-bedroom villa situated along Dennis Pritt Road for her then 11-year-old daughter who is now 20 years old.
Her former husband Garry Vincent Corbit had bought the house. The property is known as Maisonette No.6 Casablanca Villas on LR No. 209/5827.
However, Justice Nzioka said that although Wambui was sick, the law recognized the contract she entered into as legitimate.