The widow of a Kiambu tycoon has been found guilty of contempt of court for refusing to allow Equity Bank to survey a parcel of land that was used to secure a loan for the development of Fourways Junction Estate.
Justice David Majanja found Ms Nancy Wanja Gatabaki, the widow of Samuel Gatabaki, and her daughter Josephine Beatrice Gathoni guilty of disobeying a court order issued on December 21, 2021.
The court ruled that there was evidence that Ms Gatabaki and her daughter, who are administrators of the estate of Gatabaki, denied the lender’s officials and the bank’s receiver managers access to the land identified as C-plots, off Kiambu Road.
“They are, in effect, holding the bank at ransom by raising demands that are intended to impede enforcement of the same,” the judge said.
He said the two knowingly and wilfully disobeyed the consent order but played ignorant of the directive. He ordered them to allow the bank to access the land awaiting punishment.
Ms Gatabaki and her daughter had initially challenged the consent saying it was entered fraudulently but the court threw out the case.
The duo claimed they are the registered and beneficial owners of two parcels measuring about 200 acres and about 6.53 acres respectively in Nairobi, off Kiambu Road.
They said in 2007, they entered a joint venture agreement with Peter Muraya, his wife Sue and their company Suraya Properties Ltd, for the development of Fourways Junction Estate.
Muga Developers was incorporated as a joint venture and according to Ms Gathoni, it was understood that they would contribute 50 percent of the capital through the land while Suraya Property Group would inject capital of equal value for the construction of the housing scheme.
Equity Bank said the property is charged to it, for loans for the development of the Fourways Junction estate, which have been transferred to third parties and some partially discharged.
The lender said some of the parties to whom the C-Plots were sold are threatening to take action against Equity because they are yet to receive their titles.
Justice Majanja directed the Kasarani police boss to assist Mr Muniu Thoithi and George Weru, the receiver managers of Muga Developers Limited, to undertake the survey.
The receiver managers are also to take possession of several houses known as Daisy and Hibiscus Courts.
