The corporation had appealed against an earlier judgement which was delivered by Hon S.O. Githogori on 18th May 2020 in Bungoma, CMCC No. 305 of 2010. In the judgement, Judge Gichogoi had issued a permanent injunction restraining NHC whether by themselves, servants and/or any other persons acting on their authority and/or direction from selling whether by public auction and/or private treaty Mr Joseph Wekesa Wetangula’s land parcel no. East Bukusu/North Kanduyi/3078
By The Weekly Vision
What began as a loan deal between a client and the National Housing Corporation (NHC) later turned out to be a case of corrupt corporation officials attempting to fraudulently acquire a property that belongs to their client. Judge D.K Kemei in a ruling made on the 22nd May 2023 permanently restrained the corporation from selling a piece of land belonging to Joseph Wekesa Wetangula in Bungoma County.
The corporation had appealed against an earlier judgement which was delivered by Hon S.O. Githogori on 18th May 2020 in Bungoma, CMCC No. 305 of 2010. In the judgement, Judge Gichogoi had issued a permanent injunction restraining NHC whether by themselves, servants and/or any other persons acting on their authority and/or direction from selling whether by public auction and/or private treaty the Respondent’s land parcel no. East Bukusu/North Kanduyi/3078 and declared that the statutory power of sale by NHC was premature, null and void for all purposes given the repayments being made by Mr Wetangula.
Mr Wetangula secured a loan of Ksh. 350,000 from NHC using his title deed for land parcel No. East Bukusu/North Kanduyi/3078. He was to pay the loan through a check-off system depositing a monthly remittance of Ksh. 7,964 for five years and there was also an express term of agreement that his employer was to make the monthly deductions.
Mr Wetangula then wrote to his employer instructing the deduction of Ksh. 7,964 for remittance to NHC which he produced in court as evidence. However, on 18th March 2020, he was served with a notification of sale and redemption notice from Auctioneers indicating that his loan was in arrears of Ksh. 370,231. His employer did a letter to NHC stating that all payments sent to NHC on behalf of Wetangula had cleared save for one cheque.
At the time of his testimony, Mr Wetangula said he had cleared the entire loan and he produced an analysis from his employer to support his averments. He gave a breakdown of the money remitted by his employer and the NHC stated that they only received one cheque from his employer. But NHC in a quick rejoinder claimed that Wetangula’s employer was not a party to the agreement. In dismissing the appeal, the judge noted “In view of the foregoing observations, it is my finding that the appeal is devoid of any merit. The same is dismissed with costs to the Respondent”.
