A Somali tycoon, the owner of Sahuma Trading Company Limited, is facing losses after he was sold property by Joseph Mwangi Maina, which was under litigation.
The company agreed to buy the property which is located in Nyamakima area in Nairobi’s CBD for Ksh170 million on December 22, 2017.
Unknown to Sahuma, the court had issued an order two days earlier barring Maina from selling or transferring it to another party pending determination of an ownership dispute.
The dispute had been filed by Elias Waithanji before Lady Justice Bor, challenging his eviction from the premises.
While signing the deal with the directors of Sahuma, Maina produced a 2000 consent order, showing that he owned the property, which the court has said was forged. He also made them belief that an order issued by Justice Okongo on October 13, 2017 was still in force.
So far, directors of Sahuma have paid Maina Ksh50 million, even as they seek to be enjoined in the suit for fear of losing the money. The rest of the money was to be paid upon transfer of the property to them.
However, the directors of Sahuma, Hussein Sheikh Ali and Sadiq Hussein Mohammed were shocked to learn that the property was under litigation on July 13, 2018, when they invoked the instrument of transfer of the property.
The company had acquired a Ksh120 million from the Gulf African Bank.
Worse still, Maina is yet to prove from whom he bought the land, with the initial owner of the land denying knowing him.