By GALGALLO FAYO, gfayo@ke.nationmedia.com
In Summary
- Nancy Wanja Gatabaki claims in a suit filed in court on Thursday that Peter and Sue Muraya are in contempt of court for allegedly failing to transfer to her property worth Sh323 million in 24 months as agreed in September 2011.
Directors of Suraya Properties, the developers
of the multi-billion shilling Fourways Junction residential estate, face
civil jail after one of the original owners of the land on which the
houses are built filed a petition claiming that they have refused to
compensate her in violation of a court order.
Nancy Wanja Gatabaki claims in a suit filed in
court on Thursday that Peter and Sue Muraya are in contempt of court for
allegedly failing to transfer to her property worth Sh323 million in
24 months as agreed in September 2011.
She had moved to the High Court arguing that while
Fourways Junction estate was to be a joint venture between Suraya
Property and the Gatabaki family, she had been sidelined and her
shareholding watered down to her disadvantage.
But she withdrew the case after the Suraya
directors agreed to pay her Sh725 million in an out-of-court settlement
that was adopted as court order.
“This Court…to cite Mr Peter Kiarie Muraya and Mrs
Sue Wacheke Muraya…being the directors of second defendant (Suraya
Property Group Limited) for contempt of court and…order (the two
directors) be detained in prison for a period not exceeding six months
for disobeying the order in issue,” reads an order sought by Mrs
Gatabaki. She claims that as per the consent, the property was to be
transferred in two years, which lapsed on September 6, 2013.
Mrs Gatabaki claims the directors filed an
application in court last year seeking extension of period within which
the property was to be transferred.
She opposed the extension requested, and the application was subsequently withdrawn.
She opposed the extension requested, and the application was subsequently withdrawn.
She argues that the directors therefore have no basis for failing to comply with the orders.
The dispute hit the headlines in 2011 when she
moved to court and threatened to put to a stop Nairobi’s Sh30 billion
Fourways Junction.
Mrs Gatabaki had accused Mr Muraya and his wife of
fraudulently transferring 200 acres to Muga Developers and used the
property as collateral for two loans worth Sh2.1 billion from two
banking institutions without her knowledge.
She also had claimed in the suit that the Murayas
illegally increased their stake in Muga Developers to 67 per cent,
leaving the remaining 33 per cent stake to be shared between her and her
husband.
She further alleged that she was kept in the dark
while all the changes, including the entry of a fifth shareholder,
Frangie Investments, which was allocated a 12 per cent stake, took
place.
In the initial agreement, Suraya Properties was to
inject funds into the housing project while the Gatabakis’ contributed
the land owned by Sagana Developers for a 50:50 stake in Muga
Developers.
But the deal was reached in order to withdraw the case after they agreed on an out of court settlement.
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