Julius Opio v CFC Stanbic Bank Limited [2016] KEHC 277 (KLR)
- Court
- High Court of Kenya
- Case number
- 277
- Citation
- [2016] KEHC 277 (KLR)
- Decided
- 15 December 2016
The 40-day Notice was valid and the Plaintiff's payment of the arrears did not waive the validity of the Notice. A fresh Notice was necessary if there was default in the future.
Facts
The Plaintiff defaulted on a loan secured by a mortgage on land. The Defendant issued a 3-month Statutory Notice of Sale and later a 40-day Notice. The Plaintiff settled the arrears on the 40-day Notice but the Defendant did not call for the entire debt. The Plaintiff then filed a civil suit seeking clarification on the validity of the 40-day Notice.
Issues
- Whether the Respondent were bound to issue fresh Notification before the exercise of their Statutory Power of Sale.
- Who should pay the legal fees or costs of this litigation.
- Who to pay the Auctioneers fees/costs.
Reasoning
The Court held that the 40-day Notice was valid and the Plaintiff's payment of the arrears did not waive the validity of the Notice. A fresh Notice was necessary if there was default in the future.
Outcome
The Defendant was ordered to pay the Auctioneer Fee/Charges and the Plaintiff was awarded costs.
Orders
- The Auctioneer Fee/Charges shall be paid by the Defendant.
- Costs of this suit to the Plaintiff.
Remedies
- Payment of Auctioneer Fee/Charges by the Defendant.
- Award of costs to the Plaintiff.
Authorities cited
Legislation (2)
- Land Act, 2012
- Land Registration Act, 2012
Cases cited (1)
- MBUTHIA VS. SIMBA CREDIT FINANCE CORPORATION & ANOTHER [1988] eKLR
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