Court to visit Fourways property site over Gatabaki suit
Some of the houses at the Fourways Junction off Kimabu Road, the subject of property tussle between the owners. Photo/FILE
The High Court will Wednesday visit the real estate development, Fourways Junction, to acquaint itself with the issues raised by former Githunguri MP Njehu Gatabaki who returned to court seeking to stop construction and sale of the property.
The former legislator has sued the owners of the property, Muga Developers, for breach of a contract that involved the transfer of 16 residential houses for the 20 acres he offered to Fourways Junction.
The High Court Judge Jonathan Havelock last month stopped any further development on the disputed land pending further directions of the court.
Muga Developers are associated with his brother Samuel Gatabaki and Suraya Properties Group, a real estate company owned by Sue and Peter Muraya.
(Read: Gatabaki fights Suraya over Sh30bn homes) “That the proposed site visit by the applicant will take place on September 11, 2013 at 10 am at the entrance to the development,” ordered Justice Havelock.
The visit follows an application by Mr Gatabaki asking the Judge to visit the site to appreciate he raised in his applications.
Two years ago, the real estate property made up of 500 top-of-the-range residential houses was nearly brought to a halt following an ownership battle pitting Dr Samuel Gatabaki against his wife Nancy Wanja Gatabaki. Ms Gatabaki was later awarded Sh725 million in an out-of-court settlement.
The Suraya Group and the Gatabaki’s are partners in Fourways Junction, which is strategically placed at about 500 metres from the upmarket Runda Estate, and overlooking the newly opened Northern Bypass.
The former legislator claims that the agreement between him and Muga Developers lapsed in 2010, and is seeking court to permanently restrain Muga Developers from developing the land or selling the units pending the determination of his case.
The development has been partly completed and occupied.
Muga Developers in replying court documents say some of the residential units houses have been rented to UN staff.
The developer, through Mr Muraya, has termed Mr Gatabaki’s claims as malicious and aimed at derailing the construction and embarrassing the firm.
Mr Muraya, who was responding on behalf of Nancy Gatabaki and Dr Gatabaki says the dispute was settled through shareholder consent.
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