Missionaries get back their property sold by a caretaker irregularly

Lawyer Anthony Ombwayo at Millimani Commercial Courts, Nairobi. [Boniface Okendo, Standard]

The Environment and Lands Court in Nakuru has ordered five individuals involved in a land deal to surrender it back to a missionary couple after a five-year court battle.

Leon Scott and Verwray Scott, missionaries in the suit named Jonathan Maina, Esther Karuru, Stephen Njenga, Peterson Muchiri and Geofrey Mboa. The two in the suit claimed they were joint proprietors of various parcels of land in Naivasha.

Leon Scott and Verway Scott live in US. They said Maina under the guise of a legitimate authority under a power of attorney, has purported to sell their property.

The missionaries claimed Maina acted unlawfully purporting to be owner of the said parcel of land and selling it without their knowledge despite the power of attorney vested in him to act as an agent.

Maina allegedly did not communicate to the missionaries about the sale and they averred that the purported sale transaction was a fraudulent scheme to con them of their property.

Leon and Verwray said Maina was in breach of trust by acting beyond the power vested in him and purporting to be the owner of six plots, unlawful selling the land.

Karuru, Njenga, Muchiri and Mboa, the missionaries said failed to exercise due diligence by failing to enquire from them if they had authorised Maina to sell the property and failing to communicate their intention to buy.

Leon told the court they met Maina in 2005 in Naivasha. They purchased the property in 2008 and were issued with title deeds.

They said they engaged Maina and went with the title deed to US. Leon told the court Maina was willing to take care of their land and they gave him instructions and power of attorney.

Leon said he was shocked, confused and angry when he received a letter from an attorney that the defendant was trying to sell the land.

He said he called Maina who dismissed the report. Leon said later he had a hard time reaching Maina and later reached him by email.

Leon told the court Maina admitted doing wrong. The missionary said he contacted lawyers and a caution was placed.

Maina, Karuru, Njenga, Muchiri and Mboa did not file responses to the suit. Justice Anthony Ombwayo last week while determining the case said the evidence produced indicated that Maina acted contrary to wishes of the couple and there was therefore breach of trust.

"In respect of fraud on the part of the 2nd, 3rd and 4th Defendants, (Karuru, Njenga, Muchiri) this court finds and holds that the Plaintiff has discharged the burden to proof that the transactions in respect of the suit property were fraudulent," ruled the court.

The judge said the suit property belonged to the couple. The court noted that Maina breached a duty of trust by purporting to sell the six plots without due process.

Main was ordered to surrender the couple's original title deed in the name of Scott. The court ruled that a December 16, 2015, between Jonathan Maina & Esther Karanja and/or any other agreement by Jonathan Maina and any other in respect of the properties in dispute was not binding on Scott.