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City woman ‘in messy divorce’ says lawyer sold her posh house when she was ill

By MAUREEN KAKAH November 15th, 2016 2 min read

A 38-year-old woman is locked up in a legal tussle with a lawyer who allegedly sold her property while she was in hospital.

Trouble started when Ms Monica Jackline Wambui wanted to end her marriage and she sought the services of lawyer Chege Wainaina.

Ms Wambui now claims Mr Wainaina took advantage of her illness and sold her five-bedroom house on Dennis Pritt Road at Sh3,700,000 without her knowledge.

MESSY DIVORCE

She says the sale happened when she was going through a messy divorce that saw her undergo a psychiatric and liver treatment — she says the doctors had even predicted that she had only four months to live.

She says she only realised the house had been sold when she was in the process of selling it herself in 2009.

However, according to Mr Wainaina, she willingly gave him instructions to sell the property and even signed letters directing this.

But Ms Wambui believes she would not have ordered this in her right state of mind and is, therefore, accusing the lawyer of using undue influence to take away her property.

There are documents showing the alleged transaction occurred, but Ms Wambui says they only came up when she wanted to sell the house.

The tussle over the property known as Casablanca Villa, situated at Yaya Centre, has been in the courts since 2009.

BREACH OF CONTRACT

Ms Lucy Wairimu Mwangi claims she bought the house and has taken Ms Wambui to court for alleged breach of contract.

Ms Mwangi also accused Ms Wambui’s mother of threatening to evict her and interfering with her life.

Ms Wambui has taken the complaint against Mr Wainaina to the Law Society of Kenya, accusing him of selling her property while she was admitted in hospital. She accuses him selling off the property in the name of clearing her medical bill.

The hearing resumes on February 2017.