The family of the late Afro-Jazz musician and former Tusker Project Fame Principal Achieng Abura has been awarded Sh20 million by a court.
\nCelebrated for her vocal prowess and presence, Achieng died in October 2016 at Kenyatta Hospital after a long battle with an ailment that was never made public.
\nBefore her death, Achieng had moved to court in February\u00a0 2014 suing Usonik Farm Purchase Cooperative Society over a 500-acre parcel of land in\u00a0 Nandi County.
\nAchieng had been fighting to execute a sale deal of the land that the society had signed with his brother Jack Abura in 2007.
\nAfter his brother’s death later that year, the celebrated singer took over the land matters as its administrator and sold the property to former prime minister, former aid Caroli Omondi sparking a vicious battle with Usonik.
\nFollowing her death in 2016, Achieng sisters Joan Abura, Lynette Dawa, and Isabella Akumu Abura (now deceased) inherited the court battle.
\nIn a judgment issued by Justice Samson Okong\u2019o, he ordered members of Usonik Farm Purchase Cooperative Society to vacate the expansive land, terming them as trespassers.
\nThe Environment and Land court judge further directed the members of the society to compensate Abura\u2019s family Sh20 million for loss of profits, as they were unable to access the land, and another Sh10 million as damages for trespass.
\nThe group claimed they acquired the land from the family through Mr Abura, Achieng’s late brother who passed on before completing the transaction.
\nThe judge said the group did not table any evidence to prove payment of Sh500,000 to Mr Abura.
\n\u201cIt is my finding that the Defendant (Usonik Farm Purchase Coop Society) has not established the existence of the alleged agreement of sale between Jack Abura and the Defendant over a portion of the suit property measuring 500 acres,\u201d said the judge.
\nThe judge added that in any event, the purported agreement between the society and Mr Abura did not comply with the provisions of the Law of Contract Act, as it was not in writing.
\n\u201cIn the absence of a valid agreement of sale and payment of the purchase price or part thereof, I am not persuaded that any trust was created or could be inferred in favor of the Defendant arising from its alleged dealing with Jack Abura,\u201d the judge said.
\nEvidence tabled in court showed that the land known as Kipsitoi Farm in Kapkitany, Tindiret constituency comprised part of the estate of Isabella Akumu Abura.
\nUpon her death, Ms Achieng\u2019 was made an administrator and when the songstress passed on in 2016, her sisters Joan Abura and Lynnette Dawa were appointed as new administrators.
\nThe family said the land was about to be sold by the Agricultural Finance Corporation (AFC) over a debt sometime in April 2012.
\nThey told the court that they later reached a deal with AFC to allow them to sell 500 acres to a third party, which they did for Sh80 million and repaid the outstanding loan.
\nBut later in November 2013, the farmers demanded the cancellation of the sale arguing that they had made a down payment of Sh500,000 to their brother Jack.
\nThe farmers then entered the property, erected informal structures, and started tilling the land, forcing the family to seek the intervention of the police.
\nThe farmers on the part maintained that they purchased the 500 acres at Sh70,000 per acre but they could not complete the transaction as Jack passed on.
\nThey submitted that all Aburas\u2019 siblings were aware of the said agreement and that they granted its members free and uninterrupted occupation of the land.
\nThe judge said the farmers did not produce any evidence to prove any payment.
\n\u201cThe Plaintiffs having established that the suit property belongs to the estate of the deceased, the burden shifted to the Defendant to prove that it had a reasonable excuse or justifiable cause for entering and occupying the suit property,\u201d said the judge
\nDuring her time the late Achieng had served as the principal of the now-defunct Tusker Project Fame in 2008 and was lauded for her mentorship skills.
\nShe, however, died a lonely death with accusations about some of her closest friends deserting her in her time of need.
\nBefore her demise, Achieng had opened a health fund for her son Prince Abura who died five years later after his mother’s death.
\nPrince had been suffering from sickle cell anemia although doctors had given him a five-year mortality cap due to his illness.
\nIn an interview with a local daily, Abura said that she once called a harambee to raise the Sh4,000,000 required for Prince\u2019s treatment but only 10 people showed up.<\/p>\n
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The family of the late Afro-Jazz musician and former Tusker Project Fame Principal Achieng Abura has been awarded Sh20 million by a court. Celebrated for her vocal prowess and presence, Achieng died in October 2016 at Kenyatta Hospital after a long battle with an ailment that was never made public. Before her death, Achieng had […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-105721","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/105721","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=105721"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/105721\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=105721"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=105721"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=105721"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}