A frustrated land buyer has come forward with a troubling complaint against Ruai-based Banita Real Estate Limited, alleging that the company's director, Mr. Mwangi Kago, sold his plot without prior notice and has since refused to refund his Ksh 300,000 downpayment despite repeated attempts to resolve the matter amicably.
The complainant, who entered into a land sale agreement with Banita Real Estate in June 2022, paid Ksh 300,000 as a deposit for a 50 by 100 piece of land, Title Mavoko 12/216/Plot 26, located in the Tamu Court estate in Ruai.
The agreement, which was countersigned by both parties, stipulated that the balance of the purchase price, which stood at Ksh 1.4 million, was to be paid in instalments over a period of 180 days, with the vendor undertaking to deliver the title deed in the purchaser's name upon completion of the sale.
The buyer made the payment via RTGS and shared the payment advice with the director, countersigning a copy of the agreement that had been shared on email, confident that all would proceed as agreed.
According to the complainant, he faced financial difficulties from 2023 onward, which made it impossible for him to honour the payment agreement fully.
He kept in touch with the director via calls and texts, communicating his plight, and the director was reportedly positive, indicating that he should resume payments whenever he bounced back.
However, when they met in 2024 to discuss a new payment plan, the director informed him that the plot had already been sold long ago, a revelation that came as a complete shock to the buyer, who had been operating under the assumption that the land was still available.
The complainant says the land was sold without any prior written notice, as required under clause 7.2 of the agreement, nor did the director extend the courtesy of a phone call to inform him of the sale.
The director offered him an alternative parcel, but the buyer declined and demanded a refund of his downpayment, a request that has now gone unanswered for over a year and a half.
The refusal to refund the money has left the complainant deeply frustrated, as he had invested his hard-earned money in what he believed was a legitimate land purchase.
The buyer has since made numerous attempts to reach the director, but the individual no longer picks up his calls, does not respond to texts, and remains unavailable at his office.
The complainant says he has visited the office three times, only to be told by employees that the director never comes there, a pattern of avoidance that has only added to his frustration.
"It's quite frustrating to be treated this way by a company purporting to be selling land to would-be home owners," he said, expressing his disappointment at the lack of professionalism and accountability.
The complainant is now appealing to the public to exercise caution when dealing with Banita Real Estate and other land selling firms, and is calling on the relevant authorities to intervene and help him recover his money.
He has also shared copies of the land sale agreement and RTGS payment advice as evidence of the transaction, and he is hopeful that by bringing this matter to light, the company will be compelled to do the right thing and refund his money.
The incident serves as a stark reminder of the risks involved in land transactions and the importance of dealing with reputable firms that honour their contractual obligations.
"Good Evening Cyprian. I wish to share with you my predicament with the director of a real estate company based in Ruai, Banita Real Estate. In June 2022, through a real estate company, Banita Real Estate based in Ruai, I made a downpayment for a 50 by 100 piece of land, (Title: Mavoko 12/216/Plot 26) at the Tamu Court, that's situated in Ruai. Through the director, Mr. Mwangi Kago whom I engaged directly, I was able to make payment to the tune of KES 300,000, and the balance was to be paid in instalments (please see the attached agreement. Bio data has been elided). After I made the payment via RTGS, I shared the RTGS payment advice with him, and countersigned a copy of the agreement which he had shared on email, and knew that all would be well. From 2023, I faced financial headwinds thereafter, which made it impossible for me to honor the payment agreement fully. I kept in touch with Mr. Kago via calls and texts to communicate my plight at the time. He was positive, and indicated that whenever I bounced back, I should resume payments. One time in 2024 we met at my office to indicate to him what my payment plan was, and it was in that meeting that he indicated to me that he had sold my land long ago, according to his own admission. Mind you, this was done without any prior written notice to me as in clause 7.2 in the attached agreement, neither did he even extend me the courtesy of a call to indicate the same. He however indicated that I should choose another parcel at the time and resume payments, since they had sold all the ones in that particular community. I later declined this offer and demanded that he refunds my downpayment, and to this day, it's been a year and a half of cat-and-mouse games. He no longer picks my calls, no longer responds to my texts and he remains unavailable in his office. I've visited his office thrice, and the employees have indicated to me that he never comes there. It's quite frustrating to be treated this way by a company purporting to be selling land to would-be home owners. Kindly warn your community of followers not to engage with such unscrupulous firms when it comes to dealings involving land. Please find the accompanying land sale agreement and RTGS payment transfer advice."
