The family of slain businesswoman, Monica Kimani, is seeking to reclaim their daughter’s Kilimani apartment where she lived before her demise on September 19, 2018.
Nearly four years later, Monica’s family is trying to get the three-bedroom bungalow at Villa Maya Apartment, which is alleged that the sale agreement was terminated by Tiara Investment Ltd, a company that was selling a house to Monica.
According to Monica’s father, Paul Ngarama, the firm selling the house had terminated the deal and entered into another agreement without informing anyone.
Monica had outstanding arrears of Sh2.56 million, an amount that Ngarama was willing to settle in order to purchase the apartment, through his lawyers, NOB Advocates.
However, his proposal was countered by the firm which alluded that it was in the process of entering into another agreement with a Nigerian tenant.
“Monica’s house has been sold to a Nigerian by the owner of the house, who hasn’t accepted our proposal to clear Monica’s arrears even though we are willing and able to.”
“They have shown us no mercy. Even though our lawyers say that they have received no official communication, we also haven’t received any communication regarding receiving a refund of the money that Monica had already paid,” Ngarama argued.
According to court documents, on April 10, 2017, Monica had partially paid Sh4 million for the house at Villa Maya from Tiara Investment Ltd and signed the sale agreement.
The agreement stated that upon completion of payment, the purchaser (Monica) would receive registration of transfer of the property.
If she (purchaser) failed to complete the transaction on the completion date, she would be considered to have breached her obligations.
Tiara Investments Ltd would then serve a notice in writing for the purchaser to complete the transaction within 21 days from the day the notice is served.
The agreement also stated that should the purchaser fail to complete the transaction before the period expires, then they would be entitled, upon Tiara Investments’ sole discretion, to an extension of time to allow for completion, with interest accruing from the unpaid balance. Alternatively, the agreement would be revoked.
A representative of Wangai Nyuthe Advocates, representing the firm, said that they were willing to reconsider selling the apartment to another client, but Monica’s family ought to go to court and obtain a letter of administration and certificate of confirmation of the grant.
“We are aware that there was a sale that was going on, and there was a breach on the part of Monica. At the time of death, the breach had been persistent for a whole year,” the representative stated.