Your Property, Our Responsibility

Former AG Githu spared cross-examination in apartments dispute

Former Attorney General Githu Muigai has been spared cross-examination in a property fight involving the sale of 16 apartments on Ngong Road.

Justice Wilfrida Okwany dismissed the application by Housing Finance Corporation Ltd, seeking to cross-examine Prof Muigai, a director of Farlake Estate ltd, saying the bank failed to specify what it wanted to be clarified in the process.

The bank claimed that affidavits filed in court by Prof Muigai contained contradicting positions that could only be cleared through cross-examination.

The former government chief legal advisor opposed the application arguing that it was a ploy to delay the hearing of the case or to embarrass him. He further said no special circumstances had been placed to convince the court why he should be cross-examined.

“From the narration, of the contents of the supporting affidavit, I find no averment or statement of fact that would necessitate an order for his cross-examination,” Justice Okwany said

Prof Muigai filed the case seeking to terminate the auction deal, arguing that the bank has failed to offer him documents for ownership of the homes.
He claimed he was denied access to the housing units at Zahara Gardens, Ngong Road and he should be refunded Sh100.5 million.

“Due to the bank’s inability to deliver clean title for the properties and possession to Fairlake Estates Ltd, the auction sales stand rescinded by the conduct of the bank,” Prof Muigai said.

The bank has opposed the termination of the sale deal and return of the Sh100.5 million, saying it has not breached any terms or conditions of sale and that Prof Muigai has already been furnished with documents to ease the transfer of the property.

The bank has told the court that Prof Muigai was offered the ownership documents, including the original title deed and leases on September 29, 2020, and wants the court to dismiss the application seeking to reverse the deal.

The judge directed the parties to be ready to highlight submission.

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