This archive report was first published on 25 November 2019.
On November 25, 2019, Jane Njoki Kubai Mittermaier, a German resident, moved to the High Court in Mombasa to stop her father, James Mathu Kubai, from selling their family home in Nyali, Mombasa.
The three-bedroom home, bought on a mortgage from Housing Finance Company Limited (HFCL) in 2011, had accumulated a loan balance of Sh4 million, which Jane's parents asked her to pay off.
According to Jane, her father had promised to transfer the ownership of the house to her after she finished repaying the mortgage, but later changed his mind.
On April 4, 2011, Jane had sued her father for attempting to sell off the house despite the earlier agreement.
However, the case progressed slowly, and the family resorted to an out-of-court agreement in 2017, where Jane's father promised not to sell any of the family properties and to give her 50% shares of the house.
But on May 18, 2019, Jane's father applied to have the court appoint a valuer before selling the home through a private treaty and distributing the proceeds.
Now, Jane wants Justice Charles Yano to declare her as the owner of the house and have her registered as the sole owner of the property.
Also enjoined in the case is HFCL, which is holding the title deed to the property.
Justice Yano has stopped HFCL from giving out the title deed of the house to any of the parties until the matter is concluded.
