Monica Wambui is set to lose her Sh50 million Dennis Pritt property located near State House after a ruling by Justice Grace Nzioka.
According to the Standard, Wambui claims to have sold the property while in poor mental health.
However, the judge’s ruling indicates that she did not prove to be mentally indisposed during the period during which the property exchanged hands.
Apparently, the details of the sale of the property were concluded on January 13, 2009, although Wambui on several occasions is said to have rejected the money citing mental incapacity.
The judge thus directed that the property be handed over to Lucy Wairimu Mwangi since the sale agreement was completed.
“I have considered the evidence analysed herein and I find that there are no factors established to vitiate the sale agreement entered between Mwangi and Wambui. The contract of sale of the suit property was basically concluded on the date the sale agreement was signed and consideration received in full,” Justice Nzioka declared in the judgement dated May 18.
Court documents as per the publication indicate that the circus surrounding the purchase of the property began on March 17, 2009, where Mwangi, the purchaser moved to court citing Wambui as the first defendant and her mother as the second defendant adding that she was yet to have the property she purchased after paying Sh13.7 Million in full to Wambui’s lawyer, Chege Wainaina.
As the first defendant, Wambui stated during the court proceedings that she was suffering from depression during the signing of the document adding that she was yet to receive the payment of the property after asking her lawyer to cancel the deal.
“Wambui’s case is that she did not freely consent to or execute the sale agreement, as at a time of executing the agreement, she did not understand or comprehend what was going on due to the fact that she was mentally impaired,” read part of the judgement as quoted by the publication.
According to Wambui, the property was bought for her 11-year-old daughter by her former husband Garry Vincent Corbit and she plans to keep it under her trust.
Details further emerged during the proceedings that the buyer, Mwangi had partly settled the hospital bills for Wairimu following an instigation by her lawyer although what she was suffering from was unclear.
Wambui presented documents in court indicating that she had mental issues having been a patient at Nairobi Place Rehabilitation Centre since June 2008. This according to the court did not prove she was mentally incapacitated during the period of interest to the court.
“She was oriented in time, place and person. Her mood was depressed. She did not have hallucination or delusional experiences,” another report by a Dr Okonji, a consultant psychiatrist told the court,” read a medical report produced by Dr Pius Kigamwa, dated March 2008.
Another report by a psychiatrist, Dr Okonji indicated, “She was oriented in time, place and person. Her mood was depressed.”
Ultimately, more evidence according to the publication indicates that Wambui made attempts to sell the property to three other people prior to this.