High Court orders NSSF to transfer apartments, plot to buyer

Signage is put up at the NSSF building in Nairobi. FILE PHOTO | NMG

The court has ordered the National Social Security Fund (NSSF) board to transfer a title deed of a Kitisuru plot and nine Hazina apartments in Nairobi to a buyer who claimed it had failed to execute the deal despite fully paying for the properties.

In a land dispute that saw Stephen Njoroge, the plaintiff, file a case against NSSF, Justice Samson Okong’o said the fund breached the tenant purchase agreements despite the plaintiff honouring his part of the deal.

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“The defendant shall, within 30 days from the date hereof, execute instruments of transfer in respect of apartments known as Hazina – B30/F1 to F9 and L.R No. Kitisuru 101/C233 in favour of the plaintiff,” the court’s judgment read in part.

Mr Njoroge told the court that, between June 2002-August 2002, he got into a deal with NSSF to buy nine Hazina Apartments at an undisclosed price and Kitisuru Plot at Sh21.3 million.

He told the court that between June 1, 2002, and December 6, 2013, he paid Sh56 million for the Hazina Apartments and Sh25 million for the Kitisuru plot.

However, on April 20, 2016, NSSF sought to rescind some of the agreements concerning the Hazina Apartments and demanded a payment of Sh1,143,070. This is despite him having fully paid and even overpaying for the properties.

The NSSF told the court that Mr Njoroge had overpaid Sh2,314,850.28 for the Kitisuru Plot, an amount that was distributed to pay for the Hazina Apartments, which were underpaid.

NSSF called as a witness, Richard Kasiva, its accountant, who told the court that his employer did not involve Mr Njoroge in the reconciliation of the accounts and that he was also not informed of the NSSF’s decision to distribute the overpaid amounts to his other underpaid accounts.

He said at the time of his testimony in court, Mr Njoroge owed Sh744,315.

The court said the claim by NSSF that Mr Njoroge owed it Sh744,315 was negated by the fact that it admitted that he overpaid four tenant purchase accounts and the cash used to fully pay for the remaining six accounts.

The court also ordered NSSF to provide Mr Njoroge with accurate statements of accounts for the Hazina Apartments and the Kitisuru Plot.

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He also ordered NSSF to refund Mr Njoroge the money that he had paid in excess.

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