Buyers of Suraya’s homes are set to lose millions. This is due to the decision by the High Court which gave the green light for the auctioning of the houses that were purchased by the fourteen purchasers from Suraya.
The court ruled after the buyers failed to produce a sales agreement which is necessary to prove they had bought the house. They had neglected to create a business concurrence with Suraya to show that they had purchased the houses. The buyers had committed to the property as an off-plan project which was to be handed to them after completion.
The ruling by the is an indication that the auction of Suraya Group’s land at Fourways Junction located on Kiambu road will still take place. The auction will be carried out by Transnational Bank. The land is enlisted to Classix, a partner of Suraya Group possessed by Peter and Susan Muraya.
According to recent reports, the plaintiffs had asked the High Court to briefly stop the bartering of the property, taking into consideration that some of the buyers had paid millions for the units before they could be created under the off-plan scheme. The buyers told the court Peter and Susan Muraya had come up with a plan of frauding them. Evidently, said the buyers, Sue and Peter had conned them into buying the property knowing too well that they did not have the ability or had no intention of developing the project.
Nonetheless, Justice David Majanja, could not rule in their favour since they did not have the sales agreement to support their claim. In the dispute, Suraya owes the Transnational Bank Sh. 111.3 million.
“In the absence of these agreements, which form the basis of the contractual relationship, I cannot say the plaintiffs have established a prima facie case with a probability of success about the registered interest of Transnational Bank,” Justice Majanja ruled.
Surprisingly, Suraya Group is yet to do away with selling the property under dispute, indicating on their website that their costs start from Sh. 6,490,000.