Judge dismisses case seeking to reverse a deal hammered close to a decade ago in the development of the multibillion-shilling Fourways Junction Estate
Attempts by Nancy Gatabaki and her daughter to reverse a deal hammered close to a decade ago in the development of the multibillion-shilling Fourways Junction Estate over claims of fraud has been dismissed by the High Court.
Justice David Majanja dismissed the case by Ms Gatabaki and Josephine Beatrice Gathoni, the administrators of the estate of Dr Samuel Mundati Gatabaki.
Ms Gatabaki and her daughter had challenged the deal brokered in 2011, which settled the dispute between them and Suraya Property Group Limited, paving way for the completion of the project.
“From the foregoing, I find that the subject matter of the former suit and the present suit is the same. Both suits involve the joint venture and all the subsequent transactions which the plaintiffs now seek to void,” Justice Majanja said.
The judge said the parties were the same only that this time, they brought in government entities, accusing them of facilitating the fraud and illegalities in the transfer, subdivision and charging of the properties on Kiambu Road.
Justice Majanja said the claims of fraud could have been discovered by due diligence and ought to have been brought forward, since the Gatabakis were challenging the transactions in the previous suits.
“I find and hold the facts relating to accounts, fraud, misrepresentation, deceit and accounts alleged by the Plaintiffs in their plaint could have been discovered with reasonable diligence within three years of 2011 as required by the Limitation of Action Act. This suit is therefore time barred and must now be struck out,” the judge said.
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