The High Court gave direction in a case involving a Ksh 20 billion estate located in Kitisuru, Nairobi. This involved former Tetu MP James Ndung’u Gethenji and his elder brother Gitahi Gethenji.
DECLARATIONS AND SOLUTIONS ON ESTATE
Commercial Court judge Justice David Majanja declared that the two can’t administer the estate. The two fought for control of the estate, with an earlier ruling denying Ndung’u access to the estate. They have no authority over the firm managing the posh residential homes.
None of the duo was a majority shareholder. The judge then denied them the power to appoint directors of the management firm.
The Brothers hold one ordinary share only in the disputed firm according to court findings.
Ndung’u contested the earlier ruling. This barred him from appointing directors and also a suit seeking to block him from controlling the estates. Kitusuru estate sits on a 42-acre land. Furthermore, the houses valued at between Ksh 180 million and Ksh 320 million each.
”Ndung’u couldn’t take over management of an estate or pass resolution alone.” Stated previous rule of the law governing companies
Seven other shareholders and the brother aligned and agreed to oust the ex-MP from the office of directors. In addition, they accused Ndung’u of forgery by alleging that he filed fake minutes at the Company Registry.
Estate Ownership Conflict
Justice Majanja for instance cleared the former MP from the allegations labeled against him.
Ndung’u and Chacha Mabanga (another director) believed were asserting the rights of the company however mistaken. The judge ruled.“Fraud imports a level of dishonesty and I do not find this element proven on the part of the two.
Nyeri-based lawyer James Gichuhi Mwangi woned Tetu parliamentary seat over Ndung’u. He ran on a Jubilee party ticket while he (Gethenji) contested as an independent candidate in the 2017 General Elections.
EX Mp once served as the Chairman of the Parliamentary Defence Committee.Follow us in social media: