Mombasa politician Suleiman Shahbal’s lawyer sued for failing to pay Sh420,000 for purchase of apartment in Kilimani
An automotive firm has moved to court to sue an advocate acting on behalf of Mombasa-based politician Suleiman Shahbal for failing to pay a balance of Sh420,000 for the purchase of an apartment in Kilimani, Nairobi.
Lawyer Anthony Ndegwa Kimani of Ndegwa Kiarie and Company Advocate was sued by Zayn Auto Care Limited in push to compel him to pay Sh420,000 balance for the house purchase transaction.
Shahbal bought the apartment at Sh7.5million but his lawyer, the defendant now, held some money pending completion of title registration.
After the process was done, Ndegwa is yet to settle the balance.
Through lawyer Mureithi Baragu, the company said that Kimani should comply with the said orders within seven days and in default, his assets would be attached without further notice.
“Plantiff is entitled from the defendant to payment of Sh420,000 held by the defendant under the professional undertaking given by the defendant to the plantiff on May 6, 2020 in respect of and under the agreement for sale dated May 6, 2020 for property apartment number B 608 on L.R No. 330/1375, Kilimani, Nairobi,” the company says in court papers.
Riyaz Hassanain Khimgi, the director of the Zayn Auto Care Ltd says that by a duly executed agreement for sale dated May 6, 2020 the company accepted the offer to purchase the property for Sh7.5 million for an apartment in Kilimani.
In accordance with the terms of agreement, the lawyer was to hold the balance of the purchase price being Sh600,000, pending registration of transfer for a maximum period of 60 days from the compression date, whichever was earlier.
“The period within which the defendant had undertaken to hold the balance of purchase price lapsed and by the letter dated for October 4, 2021, December 9 ,2021 and January 12, 2022 the plaintiff’s advocate ruled to the defendant requesting for the release of the balance of purchase price but failed to honour his undertaking, thus necessitating these proceedings,” says Hassanian.
Baragu further added that via letter dated January 12, 2022, the Advocate reverted by counter claiming the rents of months of May, June and July 2020 were account of late handover of the property to the purchaser by either payment of the rent areas of deduction of the rent payable from the balance for onward release of residue on or before January 31, 2022.
The company argues that the law firm through its Advocate reverted to the letter by conceding to counter-claim which was computed at Sh180,000 and further demanded the residue which now stood at sh.420,000 which he has failed to release.
The defendant has completely failed and refused to honour the undertaking and persist with that failure and refusal notwithstanding the vendor fully met its obligations and all agreements for sale including partying with the possession of the said property.
