Says 2011 consent order settled case
In Summary
• Nancy said they discovered the fraud after the previous suits were closed.
• The dispute was settled before a judge in 2011 and the complainants were paid millions on top housing units.
The High Court has dismissed attempts by Nancy Gatabaki to reverse a deal that paved the way for the completion of the multi-billion shilling Fourways Junction Estate.
Justice David Majanja dismissed the case by Gatabaki and Josephine Beatrice Gathoni -the administrators of the estate of Dr Samuel Mundati Gatabaki.
Gatabaki and her daughter had challenged the deal brokered in September 2011 that ultimately settled the dispute between them and Suraya Property Group Limited, paving the way for the completion of the housing scheme.
They said they discovered acts of fraud and deception after the consent order dated September 6, 2011, was filed and ultimately settled the matter.
“I find and hold the facts relating to accounts, fraud, misrepresentation, deceit and accounts alleged by the Plaintiffs in their plaint could have been discovered with reasonable diligence within three years of 2011 as required by the Limitation of Action Act. This suit is therefore time barred and must now be struck out,” the judge ruled.
The Judge also noted that the subject matter of the former suit that was settled by a consent order and the present suit is the same. Both suits he said involve the joint venture for the development of Fourways and all the subsequent transactions which Nancy sought to cancel.
Fourways Junction is 500 metres from the Runda Estate in Nairobi and overlooks the newly opened Northern Bypass. It holds a mix of cluster houses, apartments, office blocks, a shopping mall, a three-star hotel and a country club.
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