[2024] KEHC 7179 (KLR)

[2024] KEHC 7179 (KLR)

The court found that the plaintiff defaulted on her loan obligations and that the 1st defendant complied with the statutory requirements for exercising the power of sale, including issuance and service of statutory and redemption notices. The auction and sale process were conducted in accordance with the law, and the 3rd defendant acquired good title as a bona fide purchaser. The court held that any irregularities in the process did not vitiate the sale, and the plaintiff's remedy, if any, would be in damages, not in setting aside the sale or recovering possession. The in duplum rule was found inapplicable as it came into force after the transaction. The plaintiff failed to prove fraud,...

Citation
[2024] KEHC 7179 (KLR)
Parties
Plaintiff: Miriam Wambui Gitau; Defendant: Hfc; Defendant: PK Kibera; Defendant: Charles Kariuki Kamau; Defendant: RK Sila T/A Legacy Auctioneering Services; Defendant: District Land Registrar; Defendant: Hon Attorney General
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
13 June 2024
Case Number
Civil Suit 71 of 2018
Procedural Posture
Civil Suit / Judgment
Outcome
suit dismissed with costs to the defendants
Judges
RN Nyakundi
Legal Topics
Statutory Power of Sale, Mortgage Enforcement, Auction Process, Notice Requirements, In Duplum Rule, Remedies for Irregular Sale
Source Language
English
Land and Property Banking and Finance Civil Procedure Statutory Power of Sale Mortgage Enforcement Auction Process Notice Requirements In Duplum Rule +1 more

Case Brief

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Parties

Miriam Wambui Gitau

Plaintiff

Hfc

Defendant

PK Kibera

Defendant

Charles Kariuki Kamau

Defendant

RK Sila T/A Legacy Auctioneering Services

Defendant

District Land Registrar

Defendant

Hon Attorney General

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the statutory power of sale was exercised lawfully by the 1st defendant in selling the plaintiff's property.
  2. 2 Whether the plaintiff is entitled to the orders sought, including nullification of the sale, damages, mesne profits, and other reliefs.

Ratio Decidendi

The court found that the plaintiff defaulted on her loan obligations and that the 1st defendant complied with the statutory requirements for exercising the power of sale, including issuance and service of statutory and redemption notices. The auction and sale process were conducted in accordance with the law, and the 3rd defendant acquired good title as a bona fide purchaser. The court held that any irregularities in the process did not vitiate the sale, and the plaintiff's remedy, if any, would be in damages, not in setting aside the sale or recovering possession. The in duplum rule was found inapplicable as it came into force after the transaction. The plaintiff failed to prove fraud,...

Court Disposition

suit dismissed with costs to the defendants

Orders

  • The plaintiff's suit is dismissed in its entirety.
  • Costs are awarded to the defendants.