A Nakuru-based businesswoman has moved to court demanding over Sh4 million from a private developer for breach of a Sh15 million property sale contract.
Ms Susan Nyamai has moved to the high court sitting in Nakuru seeking to have Ms Florence Mwangare compelled to refund her the money after a deal for the sale of a house in Nakuru’s upscale Milimani estate allegedly flopped.
According to Ms Nyamai, who appeared before Justice Anyara Emukule on Friday, the defendant failed to honour the sale agreement, prompting her to file the suit.
Ms Nyamai, through her lawyer Steve Biko, told the court that the defendant has declined to refund Sh1.5 million paid by the complainant as deposit in the deal, which they reportedly sealed two years ago.
Mr Biko further claimed that the money has since attracted an interest, amounting to the sum being demanded by his client.
“Since the civil suit was filed in 2012, the initial amount has attracted an interest amounting to over Sh3 million,” the lawyer said.
Ms Nyamai is also accusing Wangare of causing her unnecessary frustrations which she said have delayed her personal development.
According to documents filed at the court, the claimant claims that in 2012 they struck the sale deal but later realised the property had been resold to other people.
Ms Nyamai further asserted that her efforts to have an out-of-court settlement of the matter hit a dead end after the defendant on two different occasions issued her with dud cheques of Sh500,000.
Ms Nyamai now wants the defendant to be forced to refund her the money with the accrued interest.
Earlier, lawyer Olaly Cheche, who was representing the defendant, was dismissed by the court on grounds that he never had a practising certificate.
Mr Cheche was subsequently replaced by lawyer Kanyi Ngure for the defence.
The matter will be heard on October 13.