A Kenyan woman’s attempt to claim ownership of a multi-million shilling estate from her estranged German partner has been halted by a court, which deemed it unjust enrichment.
Mr. Thomas Schiering initially met Ms. Nereah Michael Said while still married to Meike Get Fricke Schiering, with Ms. Said serving as their financial advisor.
After Mr. Schiering divorced his wife, a romantic relationship developed between him and Ms. Said, leading them to live together as a couple.
Over the course of eight years, Mr. Schiering has been in legal battles to regain properties that Ms. Said claimed as her own.
Following a recent court ruling, Mr. Thomas has successfully reclaimed a piece of land, residential buildings, and Kes.14 million from the sale of another property.
Judge Addraya Dena of the Kwale Environment and Land Court determined that the disputed properties, registered under Ms. Said’s name, were originally entrusted to her solely for subdivision purposes and eventual sale on behalf of Mr. Schiering.
However, instead of remitting proceeds from sales to Mr. Schiering, Ms. Said retained them for herself and asserted ownership over the subdivisions.
“Instead, Ms Said reneged and kept the sale proceeds to herself and then demanded that the rest of the subdivisions belong to her as the registered proprietor. Really? This is manifestly unjust enrichment on the part of the woman,” said the judge.
The court ruled to extinguish Ms. Said’s claim to plot numbers Kwale/Kinondo/2458 and Kwale/Kinondo/2459, ordering their registry to be rectified accordingly. Regarding plot Kwale/Kinondo/2460, the judge noted Mr. Schiering’s intention to sell a portion of it, with Ms. Said obligated to remit 88% of the sale proceeds to him within 90 days.
“To me, this is unconscionable conduct. It would be inequitable to let Ms Said go scot free. The court cannot fathom how someone could just wish their property away and be left with nothing. This court will not hesitate to impeach the titles and right the wrong,” the judge added.
Mr. Schiering, represented by advocate Elaine Mukoya, disclosed that he had formed a company, Rising Eagle Ltd, with Ms. Said, where they were both shareholders and directors. Properties were transferred to this company under a trust agreement, yet Ms. Said failed to honor their agreement upon subsequent sales.
Ms. Said contested these claims, asserting she legally purchased and subdivided the land, and that Mr. Schiering had no valid ownership rights. She argued that all transactions were conducted in good faith and denied any forgery of agreements.
The court’s decision marks a conclusion to their ongoing legal disputes over prime properties in Diani, Kwale County, where conflicting claims of ownership and financial interests had arisen.
