The High Court presided over a family drama case that ensued after three local citizens hatched a scheme to dupe their relative who is based in the United States.
The suspects, Amos Kosgey, David Magun and Collins Saina (uncle and childhood friends to the victim respectively) were arraigned in court following a ghost project meant to trick the foreigner to part with millions.
In 2010, the victim, Charles Meto was invited by the suspects to invest in a holiday homes project as an equity partner. Meto was expected to collect 25 percent of the project worth Ksh30 million.High Court Judge Mary Kasango.File
The three partners deceived the foreigner to believe that land had been purchased in Mtwapa for the construction of 100 homes. The false claim prompted Meto to transfer Ksh16 million from his bank account in the United States to an account listed under a company known as CAD Holdings Limited.
Two years later, the American resident flew to Kenya to monitor the status of the project to which he found the alleged land had not been bought. Furthermore, his three partners had not made their equity contributions towards the development.
The victim then sought to file a lawsuit in court accusing the three partners who had withdrawn his contribution for their own personal benefits. Much to the dismay of the victim, the case dragged in court since 2014.
Justice Kasongo, in her statement, clarified the matter ordering the suspects to reimburse the US-based Kenyan national.
“I find that Charles was inconvenienced by the defendants when they put his money to personal use rather than invest it as was originally intended. He has succeeded in his claim and it would follow that he is entitled to the costs of this suit,” ruled Justice Mary Kasango.
She also questioned the misinformation regarding the incorporation of the CAD Holdings company. She pointed out that Meto had transferred the money to the account one month before the company was formed.
“As of July 19, 2010, CAD Holdings had not been incorporated. If indeed what Amos, David and Collins were inviting Charles to do was to obtain shareholding in the yet to be incorporated company, then one cannot understand why even after Charles sent money through a third party, Elsie Chemurgor Saina, and later into CAD’s bank account, he was not reflected as director of CAD on the memorandum and articles of association at incorporation,” reads the judgment delivered on October 16.
The suspects gave contradictory claims to the money which Meto had sent to which the judge took notice.
She ruled that the three suspects were to payback Ksh16 million along with Ksh1 million for general damages.
The three Kenyans will also be required to pay back interest accrued over the past 10 years as will be determined by the court.Inside the precincts of a Kenyan courtFile
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