Land Buyer Challenges Optiven Over Unauthorized Deductions on Unsigned Sale Agreements

Peter Mulati Nabiswa has filed a suit at the High Court in Kiambu against Optiven Limited, contesting the company’s practice of deducting money from customers’ deposits using clauses from unsigned sale agreements.

Nabiswa, representing himself and potentially hundreds of other buyers, alleges that Optiven collected deposits from prospective land buyers, sent them draft sale agreements that were never signed, and later treated these drafts as binding contracts to justify deductions when payments were incomplete.

Details of the Case

• Nabiswa attempted to purchase Plot No. VN33 in Vuyanzi Gardens and received a draft sale agreement on May 9, 2024, which he was asked to review and sign only if agreeable.
• He never signed or had the agreement attested but paid a deposit of KSh 600,000.
• In March 2026, Optiven demanded an additional KSh 1.63 million and warned that failure to pay could lead to enforcement actions, including repossession.
• The company later informed him that his plot was dropped due to non-payment and offered to refund the deposit minus KSh 219,500 as a "10% Admin Cost," citing a clause from the unsigned agreement.
• Nabiswa challenged this deduction, pointing out he never signed any contract allowing such charges.
• Optiven then provided an alternative explanation and even offered to waive the deduction if he redirected the funds to buy two plots in Malindi Phase 7, which he declined.
• Eventually, Nabiswa recovered the full deposit through a consent order from the Milimani Small Claims Court in July 2026, but the broader issue remains unresolved.

Legal Claims and Relief Sought

Nabiswa accuses Optiven of false or misleading representation, unconscionable conduct, unjust enrichment, and fraudulent or negligent misrepresentation. He requests the court to:

• Declare that unsigned draft agreements are unenforceable against buyers.
• Order restitution for all customers from whom money was improperly deducted.
• Award damages to affected parties.
• Permanently restrain Optiven from relying on unsigned agreements to withhold refunds.
• Certify the case as representative proceedings to include all similarly affected customers.

Nabiswa asserts that the practice of relying on unsigned agreements to justify deductions is widespread and that Optiven’s internal records could reveal the extent of affected customers.