According to the judgement delivered on Thursday by the Environment and Land Court, the court issued an order of specific performance against Kihingo Village (Waridi Gardens) Ltd to complete the sale transaction of House 1D to the Governor within 30days of the judgment.
Waiguru had bought the property from Kihingo Village Limited on September 25, 2015, for Ksh80.6 million where she paid Ksh40.6 million, remaining with a balance of Ksh40 million which was to be cleared through mortgage.
In two letters dated December 19, 2018, Kihingo Village Chief Executive Officer Ndung’u Gethenji confirmed to Waiguru receipt of Ksh40 million and indicated that the balance was to be cleared by way of mortgage.
The court issued a permanent injunction restraining Kihingo Village the defendant from interfering with the Governor’s quiet possession of the of the property or alienating it to third parties.
Additionally, Judge O.A Angote dismissed the rival claim to the property by city lawyer Chris Kabiro and observed it would be unjust enrichment in view of his consent order where he agreed to receive 130m from the defendant Kihingo Village.
Kabiro had claimed that the property had been allocated to him adding that there was a court order barring sale of the mansion.
The Court further dismissed the counterclaim by Kihingo Village the defendant in the matter and with costs.
