Monday, September 27, 2021
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Businessman narrates to court how he lost his plot, houses to ex-wife: “I received notice asking me start paying rent in my own house”

A Mombasa-based businessman astonished a court after narrating how he was served with demand letters asking him to start paying rent in his own house.

Joel Kibunja told the court sitting in Mombasa that the demand letters came years after he had divorced with his wife, Ms. Margaret Wathoya.

“The letter read that my property had been sold and I should start depositing rent to an account provided in the document,” said a frustrated Mr. Kibunja.

Mr. Kibunja said that it came as a surprise since he had neither sold nor transferred his property.

He then took action and went to confirm his property’s status at the land registry, only to find out that his former wife had changed the ownership rights.

The ownership of the property was under the name of one Sarah Wanjiru, who is a friend to Mr. Kibunja’s former wife.

Mr. Kibunja’s signature was allegedly forged and his property unlawfully transferred on the sale agreement dated October 27, 2010.

Mr. Kibunja and Ms. Wathoya were married in the year 2000 but got divorced in 2014. They had bought a plot in Mombasa where they had built rental houses which was generating income for them. They also owned a family home together in Mombasa.

“My passport photo on the transfer is scanned from a family portrait. I was not living with Ms. Wathoya at the time the disagreement was drawn. We only communicated through advocates,” said Mr. Kibunja.

He went on to add that a valuer had estimated the property’s worth as KSh15 million in October 2010.

“I did not understand how the consideration was reduced to KSh1 million on the transfer form or KSh12.5million on the sale agreement,” the businessman told the court.

Ms. Wathoya said that she had borrowed Ms. Sarah Wanjiru KSh10 million to build the houses adding that Mr. Kibunja had not contributed a single penny.

She went ahead to tell the court that she had acquired the plot and opted to add Mr. Kibunja’s name since they had sired a child together.

“He only helped with supervising the construction which I used KSh15million to put up. The transfer came about when I was unable to refund Ms. Sarah the money I had borrowed from her,” said Ms. Wathoya.

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