Businessman Jimi Wanjigi says a woman claiming ownership of his Sh400 million property in Westlands is a victim of fraudsters.
Mr Wanjigi, through his company Aureum Ltd, told the court that Ms Cissy Kalunde Musembi, who is seeking to stop him from selling the land, has no legal basis of laying claim to it.
The tycoon reckons that Ms Musembi bought the land from people who tricked her to believe they were representatives of Horizons Hills Ltd, which owned the property.
At the centre of the land dispute are two companies that bear the same name, but different registration certificates.
Ms Musembi said she bought the property for Sh220 million in 2018 from Horizon Hills Ltd, which was incorporated on July 2, 2004 and registered under C-110776.
Its directors, she said, were Mr Henry Njoroge Njenga, Mr David Njenga, Mr Samson Kuria and Mr Samuel Njuguna Chege.
She argued that she conducted due diligence through the law firm of Wambua and Maseno Advocates.
However, Aureum Ltd said it bought a majority of shares in Horizon Hills Ltd, ultimately giving Mr Wanjigi ownership of the property. Mr Wanjigi added that Horizon Hills Ltd was registered under C-131937.
In reply, Mr Wanjigi’s firm said the registration number C-110776 was linked to a company known as Bosorana Limited, whose directors are Mr Njenga, Mr Kuria, Mr Njoroge and Mr Chege.
“She was transacting with officials of a company known as Bosorana Ltd who misrepresented that their company was known as Horizons Hills,” he said.
Aureum added that it was not possible in conveyancing that a title to the property would be registered in her name before she concluded paying the balance of the purchase price and proceed to get loan on the property before conclusion of the transaction.
Ms Musembi, however, argued that Aureum has never owned the property and Mr Wanjigi through his company was attempting to steal the land using forged documents.
She said that Aureum was called Horizon Hills, but rebranded after the Registrar of Companies informed him of the existence of another company with the same name.
She further claimed that the Registrar of Companies communicated to Aureum of the mix up of names.
“The fact that Aureum was told to change its name from Horizon Hills Ltd to another name is a clear confirmation that indeed Horizon Hills Limited (C-110776) pre-existed Horizon Hills Limited (C-131937) which was registered last, with mischievous and fraudulent intent,” she said in an affidavit.
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