October 5, 2022

Buyers of property formerly owned by a prominent Kiambu businessman worth Sh5bn risk losing business

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Buyers of property formerly owned by a prominent Kiambu businessman risk losing their investments if the High Court declares illegal sales in the disputed estate.

Godfrey Hinga, a son of the late businessman David Ndua Thuo, urged the court to cancel all the sales and developments going on the family’s property known as Wamikey Estate Limited.

The property, which is estimated at Sh5 billion, deals in coffee farming in Thika.

The matter came up Wednesday for consolidation before High Court deputy registrar who directed the hearing of the application seeking to stop the sale of the disputed property. 

The family is currently embroiled in legal battles over their late parent’s estates.

Early March, Hinga, through his lawyer Wangeci Akedi, filed the case under a certificate of urgency asking the court to stop his stepmother Viginia Waithera from illegally managing the property.

However, High Court judge Maureen Odero issued a temporary order stopping further sales and developments in the disputed property until the case is heard and determined.

The judge also said no orders were issued for preservation and granted an order of status quo thereby preventing further developments, sale, transfer and dealing, pending further orders of the court.

In his court documents, Hinga said Waithera has been illegally running and managing the family company known as Wamikey Estate Limited in Thika.

Hinga said, unless the court intervenes, they (family) shall continue to have conflicts. 

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He wants orders given in respect of the ongoing sale, developments and funds being collected by his stepmother Waithera.

Hinga also said his mother Alice Njeri, who is the first wife of his father, has since died leaving behind five children. Waithera, who is the second wife to his father, has seven children. 

In the suit Waithera is listed as the second respondent.

The company Wamikey Estate Ltd is listed the first respondent as well as Waithera’s members of her family.

They include Thuo Ndua, Maina Ndua, Faith Wanjuku Ndua, Charles Mbugua Ndua, Joseph Kihanya Ndua, Mary Gacheri and Kennedy Ng’ang’a Ndua., 

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Hinga said Waithera has illegally taken over the running and management of the company to the exclusion of the rest of the family and beneficiaries without any justifiable cause.

He is seeking court orders to restrain Heri Homes Ltd and Finsco Africa Ltd and or her agents/servants, employees or any person acting under her from the property.

Hinga said she should be prevented from selling, subdividing, leasing, constructing/developing or dealing in any other matter with the property decribed Wamikey Estate Ltd.

“Waithera has also entered into an illegal joint venture agreement with developers known as Heri Homes, Finsco Africa who are developing the property belonging to the estate and have named the development Legacy Ridges,” Hinga said.

He said the action by the respondents are illegal and pose a threat to the applicant’s share in the estate of his father Thuo.

Hinga said the property which is registered in the name of Wamikey Estate Ltd is a coffee farm measuring approximately 400 acres in Kamiti Corner, Kiambu county.

The property is fenced off by a developer who is currently selling the property for sale of residential units estimated to be worth more than Sh5 billion.

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