By Titus Too
ELDORET, KENYA: Celebrated athlete Pamela Jelimo and her former boyfriend are locked in a property dispute that has moved to court.
Peter Kiprotich Murey, who has since separated with Jelimo, has sued her in a Kapsabet court seeking orders to repossess a sh1.9 million tractor from the athlete.
In his plaint, Murey claims to be a registered owner of the tractor registration number KBK 458 D Massey Fergusson (new number KTCA 409 A) having bought it.
He said a witness, Nicholas Songok, would corroborate his story having enlisted his help as a tractor expert to advise him on the best make to buy.
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Murey however does not state the source of the sh 1.9 million he used to purchase the tractor only stating that they held a joint account with Jelimo.
He claims that Jelimo took over possession of the tractor in January this year without permission or authority from him.
Murey further states in his plaint that despite several requests to Jelimo to handover possession of the said tractor, the athlete has adamantly refused to deliver it to him.
“The defendant has in effect unlawfully claimed ownership of the tractor and has detained the same for her personal use,” he states.
Jelimo however claims she had sent Murey to collect the tractor which he had purchased on her behalf.
“This is because I was engaged in other duties. Murey was a close friend of mine and I trusted him to do the legal formalities on my behalf,” she states in her witness statement.
She claimed that instead, Murey took advantage and went behind her back to do a sale agreement in his name instead of the athlete's.
Unknown to her, the athlete said Murey even paid the balance of sh 50,000 to complete the purchase of the tractor.
She denied having had a joint account with Murey saying the money used to purchase the tractor was her own money.
Murey is represented in the civil suit by S.K Kitur while Jelimo is represented by Richard Kamau.
Murey claims in his plaint that he bought the tractor at Nairobi Kilimo Enterprises Limited and paid money to the company account by RTGS.
“I request this court to order the defendant to surrender the tractor to me as am the right owner as the company had already transferred the said tractor to my name,” he states.
He said he has a copy of sale agreement, transfer form and original Log Book in his name.
In her counter claim however, Jelimo admits that she has previously and during the material times, had a relationship with Murey who was her boyfriend.
She says that out of the relationship, Murey acted as her agent and particularly in the tractor purchase transaction.
But the athlete says there was breach of the relationship that ultimately led to fraud by Murey in obtaining the tractor transfer and the Log Book.
Jelimo said she had sought a loan and wanted to use the tractor as security and was shocked to find out that the tractor's logbook had been fraudulently acquired by Murey.
She said that she reported the matter to Kapsabet police station and that the matter is under investigation.
Jelimo added that the fact that she has been in possession of the tractor since January, 2010 is proof that it belongs to her.
Jelimo is a celebrated athlete who also won a Gold medal in 800 meters during the 2008 Beijing Olympic games.
Hearing of the case was set for July 25 with Murey lining up four witnesses while Jelimo has three.