The troubled Kencom Sacco management is alleged to be illegally withholding a title deed for a house located in Runda Estate Nairobi despite there being proof of full payment for the property by a buyer. The house owner Ms Kyung Sook Jung decided to move to the High Court demanding the release of his title deed for House No. 88 on LR No. 12825/141 in Runda.
The suit property forms part of a mixed development comprising 113 four-bedroom houses, a nursery, and a recreation centre. Ms Kyung had on April 13, 2022, sought orders to release the lease or transfer the suit property to him, together with all requisite completion documents, to enable him to have the lease registered in her favour.
Kencom Sacco on their part, appointed advocates from the firm Makhandia and Makhandia Advocates on February 9, 2023, to represent them but failed to file any defence to contest Kyung’s claim. Further, on July 18, 2022, the Court granted the Sacco a final chance to file their defence, witness statement, and bundle of documents within 30 days. The same was not complied with by the Sacco, and the matter was set down for hearing.
In an affidavit, Kyung Sook Jung informed the court that she had purchased the House in 2015, she attached receipts for the payment amounting to Ksh. 33,000,000 as the purchase price. She testified that she took possession of the house in 2016 but had not received the title. She wrote several letters through her advocates requesting the completion of the transfer process but did not get a response.
On July 18, 2022, the defendant did not attend the hearing, and consequently, the defendant’s case was marked as closed. In a ruling dated October 15, 2023, High Court judge E. K. Wabwoto noted that Kencom Sacco had willfully neglected to complete the transfer of the suit property.
The ruling reads in part, “I have perused the offer letter dated April 29, 2015, the sale agreement dated May 22, 2015, and receipts No. 320,740 and 621, which confirm the existence of a valid agreement between the parties and the consideration of Ksh. 33,000,000 that was paid by the plaintiff. I therefore find that the plaintiff has successfully proven the case in its favor”.
The final orders read “An order of specific performance is hereby issued against the defendant, compelling the defendant to release the lease and/or complete the transfer of the suit property known as House No.888 situated on LR 12825/141”.
