NSSF wins city property sale lawsuit

Signage is put up at the NSSF building in Nairobi. The NSSF has won a Sh6 million case. FILE PHOTO | NMG 

By CAROLINE WANJUGU More by this Author

The National Social Security Fund Board of Trustees has won a case against two advocates who failed to remit Sh6 million after the sale of a property at Nyayo Embakasi Estate.

In a judgment rendered by Justice David Majanja, the court said: “Ronald Morara Ngisa and Alice Nyomenda Oeri practising as Morara Ngisa & Company Advocates be and is hereby ordered to honour the professional undertaking dated December 9, 2015, to the National Social Security Fund Board of Trustees by paying Sh6,000,000 within 30 days from the date hereof.” The order was issued on March 30, 2023.

In 2015 NSSF got into a purchase agreement to sell a house to Rahab Wanjiru, who was the vendor, at a price of Sh6.1 million through a tenant purchase agreement.

She later wanted to sell the property to George Ngatia and Lydia Wambui who were represented by their advocates Morara Ngisa & Company Advocates – the defendants in the case.

To facilitate the sale, the advocates gave NSSF an irrevocable professional undertaking to pay Sh6 Million upon the release of the title documents to them.

NSSF told the court that it completed its end of the bargain by releasing the documents to the advocates. However, the advocates failed to release the money to NSSF.

The plaintiffs were informed by the purchasers that they were surprised that the debt had not been cleared and that Mr Ngisa from the law firm had issued dishonoured cheques yet they had transferred the money to the advocates.

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