Suraya Houses: Buyers of one of real estate developer Suraya’s estates are set to lose millions. This is after a High Court gave the green light for the auctioning of the houses that were bought by the fourteen buyers from Suraya. The buyers will lose their homes after the court ruled that they had failed to produce a sales agreement with Suraya to show that they had bought the houses. The buyers had acquired the houses through an off-plan arrangement with Peter and Sue Muraya.
This ruling now means that the auction of Suraya Group’s land at Fourways Junction on Kiambu Road by Transnational Bank will proceed. The land is registered to Classix, an affiliate of Suraya Group owned by Peter and Susan Muraya.
According to a report that appeared in a local daily, the plaintiffs had asked the High Court to temporarily stop the auction of the property, noting that they had an interest in it, having paid for the units before they could be developed under the off-plan scheme. The buyers, told the court Peter and Susan Muraya had put together a scheme with the intention of defrauding them. Apparently, said the buyers, Sue and Peter had conned them into buying the property knowing too well that they could not, or had no intention to execute the project.
However, Justice David Majanja, noted that the buyers did not present a sales agreement. 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 in relation to the registered interest of Transnational Bank,” Justice Majanja ruled.
Strikingly, on its website, Suraya Group indicates the property under dispute are still on sale, with prices starting from Sh. 6,490,000. “The Classix Premium, the write-up on the website goes, is a new concept of home ownership, and targets premium first time home buyers,” a report in a local daily said.