An advocate has been ordered to refund Sh35.5 million to the chairman of Rattansi Educational Trust paid to him for the purchase of land in Kajiado County.
Justice Maxwell Gicheru of the Environment and Land court ruled that Dr Vijoo Rattansi had proved that she paid a total of Sh42 million for the land to Nelson Harun of Nelson Harun & Company Advocates, only for him to claim that it had been acquired by a third party, Perirose Limited.
She told the court that she discovered that the lawyer, whom she had instructed to do the conveyance, had arbitrarily increased the purchase price from Sh80,000 per acre to Sh180,000. She refused to part with the money.
According to Dr Rattansi, the lawyer allegedly refused to disclose the identity of the sellers to her.
Out of curiosity, she said she investigated the land history through the assistance of the Ngong Land Registry and the area assistant chief and discovered that Mr Harun had failed to communicate with the land owners, forcing them to report the matter.
Electronic money transfer
“Dr Rattansi has proved by cheques and electronic money transfer that a total of Sh42 million was paid to the advocate. She has also proved that the only amount the lawyer paid to the land owners was Sh6.4 million. The balance of Sh35.5 million remains unaccounted for,” said the judge, adding that the advocate did not deny receiving Sh42 million from Dr Rattansi.
Mr Harun had moved to court seeking the cancellation of a title deed issued in favour of Dr Rattansi claiming it was procured fraudulently.
He submitted that he acted for Dr Rattansi in the purchase of a parcel of land in Kajiado, registered in the name of Tiati Ene Parseiyi. Further, the lawyer argued that he was also instructed by the family that was selling the land, to institute a succession cause because the said owner was dead.
The lawyer said Dr Rattansi failed to pay the full purchase price and that she allegedly instructed him to sell the property and deposit the money in her bank account. He claimed that he sold the land to Perirose Ltd for Sh180,000 per acre.
Mr Harun said he was later informed that some individuals were preparing parallel title deeds to the suit property but a further inquiry at the land registry at Ngong revealed that the land had been subdivided into two parcels.
However, Dr Rattansi countered the claims saying Mr Harun approached her in 2011 indicating there was a parcel of land being sold for Sh80,000 per acre.
Out of the trust of her lawyer, she agreed to purchase 100 acres and instructed him accordingly. She said the lawyer claimed the total acreage was 450 acres and encouraged her to purchase the entire parcel. She agreed and paid a total of Sh42 million in instalments.
The lawyer allegedly went quiet and she later discovered that the sellers had instructed her to sell only 200 acres at Sh50,000 per acre.
Dr Rattansi later established the lawyer had only paid Sh6.47 million as purchase price for 129 acres. The sellers, she added, could not trace him because he refused to pick their calls.
In the judgment, Justice Gicheru said there was no sale agreement between Perirose Ltd and the original owners of the suit land.
“Secondly, the interested party has not adduced any evidence to prove payment of purchase price to the owners of the land,” observed Justice Gicheru.
The judge also noted that there was other missing evidence to support the lawyer’s case including evidence of transmission or transfer, valid transfer forms, payment of stamp duty and valuation report. Finally, there was no copy of the title deed in the name of Perirose Ltd.
