Legal Intern @H.N Njiru and company advocates.
Athlete ( Tennis,Skating and♟️)
Player of the Tournament at Embu Opens Tennis 2024
Daydreamer and night thinker.
🚨🚨 THE BANK SELLS YOUR LAND FOR KShs 7 MILLION, YOU SAY IT IS WORTH KShs 27.6 MILLION - CAN YOU GET THE LAND BACK? COURT OF APPEAL HAS SPOKEN
In Thomas Nganda Njuguna v Kenya Commercial Bank Ltd & another, the Court of Appeal at Nakuru has delivered a major warning to borrowers who default on loans secured by land. The borrower had charged approximately 306.5 acres to KCB after borrowing KShs 750,000, repaid about KShs 300,000, and later defaulted for years. The property was eventually sold by public auction for KShs 7 million, yet the borrower argued that it was worth approximately KShs 27.6 million and challenged the sale, alleging defective notice, irregular auction procedure, gross undervalue and fraud. The Court rejected the challenge. It found that the statutory notice had been issued and served, the default remained uncured for years, the property had been publicly advertised and genuinely auctioned, and the KShs 7 million price was supported by forced-sale valuation evidence - including a valuation placing the forced-sale value at KShs 5.5 million and an independent valuation of about KShs 10.05 million.
🔥 BUT HERE IS THE PART THAT SHOULD MAKE EVERY BORROWER PAY ATTENTION: a borrower cannot simply point to a higher valuation and declare an auction fraudulent. The Court held that fraud must be specifically pleaded and strictly proved, and where a genuine public auction takes place and the purchaser is shown to have acted without fraud or collusion, section 69B of the Transfer of Property Act protects the purchaser's title. Even where there may have been an improper or irregular exercise of the mortgagee's power of sale, the statutory scheme contemplated a remedy in damages against the person exercising that power rather than automatically cancelling the innocent purchaser's title. The appeal was therefore dismissed. The message is clear: if your land is charged to a bank, default can ultimately put the property beyond your reach - and once an innocent purchaser acquires it through a lawful auction, proving that the land was “worth more” may not be enough to get it back.
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Mogotio MP Kiborek Reuben has shocked Kenyans for using abusive comment to his voter,the UDA MP was accused of defil!ng a minor few years back and Kenyans feel justice was not served.
Hello Kenyans🇰🇪, To watch me🇰🇪 performe live at the World Skate Games in Paraguay, Click on "World Skate Tv" streaming platform. I am going to share the link, date and time. Thankyou!
I NEVER IMAGINED I WOULD HAVE TO COME ONLINE AND ASK FOR HELP TO SAVE MY MOM’S LIFE, BUT HERE I AM.
MY MOM IS DUE FOR DIALYSIS AND I’M STILL TRYING TO RAISE THE MONEY.
PLEASE, IF YOU CAN HELP MY MOM, HER DETAILS ARE HERE:
🏦 B a n k
O P a y
💳 A c c o u n t
8 1 4 4 7 0 2 5 9 7
👩🦰 N a m e
E m m a n u e l D i v i n e F a v o u r
MY MOM NEEDS AN URGENT KIDNEY TRANSPLANT AND IS STILL DEPENDENT ON DIALYSIS AND MEDICATIONS TO STAY ALIVE. HER MEDICATION HAS FINISHED, SHE NEEDS DIALYSIS TODAY, AND NOW WE HAVE ALSO BEEN ASKED TO LEAVE OUR HOUSE WITHIN THE NEXT ONE WEEK.
I AM EXHAUSTED, SCARED AND HEARTBROKEN, BUT I CANNOT GIVE UP ON MY MOM. 🙏🏽
PLEASE, I AM BEGGING YOU, HELP ME SAVE HER. ANY AMOUNT, NO MATTER HOW SMALL, WILL HELP US. IF YOU CANNOT DONATE, PLEASE SHARE THIS VIDEO AND HELP ME REACH SOMEONE WHO CAN.
THE GOFUNDME LINK IS ALSO IN MY BIO.
PLEASE HELP ME. I JUST WANT MY MOM TO LIVE.