19th June 2012
Attention Preferred & Co Advocates,
Dear sir,
REF: NOTICE OF EVACUATION ON PROPERTY LR NO. 1558/763 MUTEMA UUKI ESTATE We hereby acknowledge the receipt of your letter to our client dated the 19th June 2012 as a consequence of a material action taken against your client vide our clients letter which was not dated but received in our office on 19th June 2012, and have noted the contents thereof.
We therefore wish to comment as follows:
1. That the lease agreement signed between your client (a one Mr alma) and our client (Kaigangio Property Management Limited) was legally binding for a full term as expressed on purpose or as both parties deemed fit or mutually agreed just as long as the clause 12 II (c) part (xii) of the agreement was not violated by either party.
2. That our client has a fixed schedule of annual houses painting refurbishments which must be carried out as per the local authorities building regulations and requirements bearing in mind that this has been explicitly and conspicuously highlighted in the said material agreement.
3. That your client signed the agreement six (6) months prior to the enforcement of rental taxes and as such the issue of tax has no bearing and relationship to our clients refurbishments intentions, desires and schedules.
4. That on the contrary, no harassment has been meted on your client as errorneously alleged by yourselves as a result of rental tax enforcement action by the KRA. We therefore term the allegation as malicious, misleading and defamatory and thus urge yourselves to desist from making any reference to it.
5. That you have no business knowing whether our client pays taxes or not as this is a matter between our client and KRA which is being dealt with at a different platform. Any further usage of the term shall render us no other option but to sue you on behalf of our client.
You are hereby requested to stop making any further communications to our client either directly or indirectly except through this office.
yours faithfully,
Kihiu Mwiri & Co. Advocates
cc Kaigangio Property Management Limited
cc Alma
...besides, the presence of a safe alone does not signify that there is money inside...