Property Tussle: Tycoon’s Lease-to-Purchase Claim Pits Him Against Landlord in High-Stakes Court Battle

The prosecution has closed its case involving a city Tycoon, Chrisantus Okeyo Obure, in a dispute over a multi-billion-dollar property in the Kilimani Area of Nairobi.

The businessman claims to have entered a lease-to-purchase agreement, a fact denied by the Landlord.

Five witnesses, including police officers and a lawyer, testified before Milimani Principal Magistrate Paul Mutai, ending the prosecution’s case.

The dispute lies between SBS Dunhill Group (EA) Limited (the tenant ), owned by Obure, who is the chairman of Meriton Group of Companies, and AC & Others Company Limited (the Landlord), owned by the late Ajeetkumar Shah, where Pankaj Chhaganlal Shah is the director.

During his testimony, city lawyer Pravinchandra Jamnadas Kakad, who is the lawyer of the estate of the late Ajeetkumar, told the court that he was unaware of the intended sale of the disputed building, Senteu Plaza on LR NO (1)1373 in Kilimani, despite being the family lawyer.

The lawyer from Kakad & Kakad Associates told the court that he was aware of the lease agreement he drafted, representing the Landlord, after receiving the instructions in August 2017.

“Your honour, I am aware of the lease agreement between my client and the tenant, who was represented by lawyer Patrick Lumumba. The lease was to last for six years,” Kakad told the court.

Though the lawyer admitted that his client did not inform him that there was a lease-to-purchase agreement, he insisted that the disputed property was not for sale.

Obure, who lodged the complaint to the DCI on February 9, 2024, wanted action taken against the Landlord who had violated the agreement after giving notice of the lease expiry.

Obure had produced to the DCI a Binding Bond Resolution indicating the agreement between the Landlord and the tenant, which the lawyer said he was unaware of.

“Your honor, I’m not aware of this document, and I cannot say it emanated from my client since, up to date, I am the one offering them legal services, and I have never heard about it,” he said.

Affirming his assertions, the lawyer said that AC & S Limited did not sign the document. He assumed Dunhill Limited produced it internally.

During the cross-examination, the lawyer was challenged by Mr Odwesso, holding brief for Patrick Lumumba, for the complainant, on how the lease documents were signed before Kakad two years later, after the death of AjeetKumar, who passed on on April 24, 2018, and who had an agreement with the tenant.

The officer in charge of investigations, Geoffrey Ndatho, told the court that the tenant had occupied the disputed property illegally after the lease lapsed, accusing him of forging documents and giving false information.

When he took the dock, Ndatho remained persistent with the allegations that the documents he was handed were fake,

“The Binding Board Resolution handed to me was not genuine, and it was produced fraudulently,” he reiterated.

The officer told the court that the complainant (tenant) was using criminal intimidation against the Landlord.

In defence, Mr Odwesso demonstrated that a meeting was held in Florida on June 12, 2018, to confirm their interest in buying Senteu Plaza.

Kakad failed to explain whether he was aware that AC & S Limited had acknowledged the document (Binding Board Resolution),

“Were you aware there was a lease-to-purchase agreement between the landlord and the tenant?” Odwesso inquired. “No, I was not. But I suspect there was no such agreement,” Kakad responded.

The court heard that the case was initiated when the accused failed to pay the rent, prompting his lawyer to report the matter to the police. Later, he was evicted.

However, on June 27, 2025, Justice Cyprian Mugambi delivered a ruling that Pankaj fraudulently acquired the orders used to evict Obure from the disputed building.

On July 28, this year, the Business Premises Rent Tribunal (BPRT) sitting in Nairobi ordered businessman Chris Obure reinstated to the said premises.

The Tribunal, sitting in Nairobi under Cyprian Mugambi Nguthari (Chairperson), ruled in favour of Obure’s firm, SBS Dunhill Group (EA) Limited, and ordered his return to the property located on L.R. No. 1/1373 (Original No. 1/989 & 1/990) along Lenana Road.

The court directed the respondents—Ajeetkumar C. Shah and Kamalkumar C. Shah—to reopen the premises and allow the tenant full access and occupation.

The order covers the first floor of Senteu Plaza, where Obure was operating before the eviction occurred two months ago.

Further, the Tribunal permitted Obure, as an alternative, to break into the premises if the respondents failed to comply.

The Kilimani Police Station OCS was instructed to enforce the orders and maintain peace during the reinstatement.

The Tribunal also issued a temporary injunction restraining the respondents, their agents, servants, or assignees from harassing or intimidating Obure.

The respondents were barred from further attempts to evict him and ordered to bear the cost of the application.

Obure claims he had entered a lease-to-purchase agreement for the building and paid over Sh1.3 billion before being locked out of the premises.

The dispute, filed under BPRT/E553/2025, continues to raise legal and commercial concerns over property transactions in the city.

The Tribunal emphasised that any violation of the orders would attract penal consequences.

The ruling was officially signed and issued by Hon. Willy Maina, Deputy Registrar, on July 28, 2025.

The case will be mentioned on September 17 this month for directions on whether the accused has a case to answer.