Nicholas Wainaina has sued Susan Ndung’u, her daughter Monica Ndung’u and a company associated with the two for allegedly denying him the commission after he helped them sell land.
In court documents, Mbugua says he was contracted by Waititu to find a buyer for an 18-acre plot in Saika, Embakasi constituency.
The land was being sold by the National Bank of Kenya under a private treaty.
He claims Waititu informed him that Bins Management Services Ltd, a companywhose directors are Susan and Monica wanted to buy the land for Sh85 million. Mbugua says they wanted to resell it at a higher price, but they could not raise the full amount.
“We agreed with Waititu that if I sell the land for more than Sh105 million, the additional sum will be my commission,” he said in an affidavit. Mbugua said he marketed the land with Wiliam Kagotho, a freelance agent, on behalf of BinsManagement and sold it for Sh130 million.
He says Waititu and the company agreed to pay him a commission of Sh25 million but he got nothing. He moved to court in 2012 seeking orders to compel the company and its directors pay him the money.
In July 2013, the court ruled in his favour after the respondents failed to respond within the time required in law. But after the judgment was issued, Susan and Monica filed affidavits distancing themselves with any agreement made by Waititu on behalf of the company.
Susan and Monica said the company has never interacted with Mbugua. They said Waititu was not a director or a shareholder of Bins Management Ltd hence he could not transact any business on their behalf.
Judge Jonathan Havelock said he will notify the parties when he will issue a ruling.
- The Star
