Photo/FILE
Dr Samuel Gatabaki and his wife Nancy Wanja leave the High Court on September 6, 2011 after a dispute over a multi-billion-shilling housing project in Kiambu County was settled.
The widow of the late Kiambu tycoon Samuel Gatabaki has been given one month to release the transfer documents for parcels of land acquired by more than 20 buyers in the multi-billion shillings Fourways Junction Estate.
On October 14, 2025, Environment and Land Court Judge Christine Ochieng issued an ultimatum to Ms Nancy Wanja Gatabaki, ordering her to provide duly executed transfer instruments for the parcels in Kiambu County to the land buyers within one month.
Timothy Kagambi, Herman Gichira, George Njoroge, and 19 other purchasers claimed that they had entered into agreements to purchase the properties, but that the title to LR No. 28223/33 (formerly LR No. 5980/3, originally LR No. 5980, was held by Richard Kariuki, who is also an applicant in the suit.
Mr Kariuki, who was acting as an agent for Jacaranda Properties Holdings Limited in the sale, claimed that he had released the title in good faith to Kimani & Michuki Advocates, who were reportedly acting on behalf of Ms Gatabaki and her co-proprietor, Dr Gatabaki, as well as Suraya Property Group Limited, in the deal.
Subdivision process
Jacaranda Properties and Mr Kariuki claimed that they surrendered the documents to the law firm to enable it to undertake the amalgamation and subdivision process.
However, Ms Gatabaki denied that she had retained Kimani & Michuki Advocates to act on her behalf or issue a professional undertaking. She said that the agreement dated March 19, 2009, was made between Suraya and Jacaranda without her consent.
The land buyers contended that they paid Suraya to facilitate the survey work and subdivision of the mother title.
Fourways Junction Estate on Kiambu Road.
However, the purchasers told the court that they had not yet received duly executed transfers and therefore could not register the properties in their names.
The buyers informed the court that, in supplementary sale agreements dated February 25, 2009, and in correspondence dated February 21, 2012, and December 11, 2012, respectively, Ms Gatabaki and her late husband had executed transfers, yet adamantly refused to release them.
Ms Gatabaki opposed the case, saying that land buyers have no power to initiate court proceedings to deliberate matters that are “directly and substantially the same as the case pending before the High Court.”
She said that she and her late husband co-owned the two parcels and that they had entered into the sale agreement with Jacaranda on September 11, 1992.
Full purchase
She claimed that the company failed to meet its obligation to pay the full purchase price of Sh18 million.
Ms Gatabaki said the property in dispute was agricultural land, and since Jacaranda did not seek the consent of the Land Control Board, she could not be compelled to execute any transfer of the parcel
She added that, since she did not enter into a land sale agreement with the buyers, they had no basis to require her to transfer any property to them.
Justice Ochieng said according to the correspondence filed in court, Ms. Gatabaki and her late husband had signed the transfer documents.
However, they refused to release them on the basis that they were involved in another lawsuit against Suraya and Jacaranda in the High Court.
Ms Gatabaki has sued Jacaranda and Suraya, seeking a balance of Sh11.7 million arising from the sale, as well as an additional Sh12.3 billion for 26 acres of undeveloped land.
A three bedroom maisonette at Fourways Junction off Kiambu Rroad.
The judge said, since Ms Gatabaki is seeking funds from Jacaranda for the land, she cannot also seek payment from the buyers, as it would amount to unjust enrichment.
In 2007, Suraya and the Gatabakis entered a joint venture to develop Fourways Junction project, to be a major residential estate.
However, a significant partnership breakdown occurred, leading to multiple court cases where the Gatabakis accused Suraya of fraudulently obtaining documents and breaching their agreement.
