The late Simeon Nyachae’s daughter’s property will be auctioned to recover a Sh 750,000 loan she owes a city lawyer.
Mary Nyachae was sued last year by the lawyer over a debt that was paid for her outstanding medical bills at Nairobi Hospital.
In October last year, the small claims court ordered for her property to be attached in order to recover the debt.
On Friday Magistraste M.Mutua allowed an application by the lawyer seeking to order the OCS Kilimani Police Station to direct police to escort the auctioneers to Nyachae’s premises along Dennis Pritt road.
“For the purpose of entry,maintaining peace and order and to witness the execution of the warrants of attachment and sale issued by the small claims court at Nairobi on 27th October,2021 to recover Kshs. 759,671 together with cost of attachment and interest accrued,” the order reads in part.
In court papers, the lawyer said Nyachae called him on April 12, 2021, telling him that she had been detained over a Sh1.1 million medical bill at the Nairobi Hospital.
The advocate claimed that due to their advocate-client relationship and to save Nyachae from imminent embarrassment, he agreed to pay the bill on condition that she will refund the money.
According to court papers, Nyachae said she had been discharged very late in the day and she would pay back the following day once the banks opened for business.
The lawyer alleges that even though it was past 5pm, he made calls and managed to get Sh970,000 that was paid to the hospital and he personally drove her back to her house after she was discharged.
He further claimed that he rallied friends and his associates to send him the money knowing that the following day she would refund because she was a woman of means.
However, she refused to pick his calls or respond to his messages even after writing to her to pay back his money.
He attached the medical bill receipt issued by the Nairobi Hospital in the court papers as evidence.
He had asked the court to order Nyachae to pay him back his money that she has allegedly refused to do since April last year.
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