In re Estate of the Late Ayub Hezekiah Makana Nyakundi (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Kisumu
Category
Civil
Judge(s)
Fred A. Ochieng
Judgment Date
September 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Ayub Hezekiah Makana Nyakundi (Deceased) [2020] eKLR. Discover key legal insights and implications surrounding the estate proceedings and judgments.


Case Brief: In re Estate of the Late Ayub Hezekiah Makana Nyakundi (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: Lucia Makana Nyakundi v. Omariba Nyakundi & National Bank Ltd
- Case Number: Miscellaneous Appl. No. 5 of 2019 (OS)
- Court: High Court of Kenya at Kisumu
- Date Delivered: September 28, 2020
- Category of Law: Civil
- Judge(s): Fred A. Ochieng
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following central legal issues:
1. Whether it is proper for the Respondents to hold the title deed to the parcel number Kisumu/Manyatta ‘B’/1295 years after the Applicant cleared the loan on the charged property.
2. Whether the 2nd Respondent should be ordered to release the title deed.
3. Whether the Respondents should bear the costs of the suit.

3. Facts of the Case:
The Applicant, Lucia Makana Nyakundi, is the Administrator of the Estate of the late Ayub Hezekiah Makana Nyakundi. The 1st Respondent, Omariba Nyakundi, is the brother of the deceased and had taken a loan from the 2nd Respondent, National Bank Ltd, for which the deceased was the guarantor. The Applicant alleged that the Respondents conspired to sell the suit property without her knowledge. She provided evidence of a letter from Sadique Enterprises indicating an intention to auction the property. Despite her claims of having settled the debt, the Bank contended that the deceased had not serviced the loan and the outstanding balance was significant.

4. Procedural History:
The case began with the filing of an Originating Summons by the Applicant, seeking the court's intervention regarding the title deed and the alleged loan repayment. The Bank responded by asserting that the deceased was the borrower, not the 1st Respondent, and presented evidence to support its claims. The Applicant's submissions focused on alleged procedural failures by the Bank, including non-compliance with statutory requirements for notification and the validity of the charge instrument.

5. Analysis:
- Rules: The court considered relevant provisions of the Registered Land Act, particularly Sections 65, 74, and 79, which govern the rights and obligations related to land charges and the process for exercising a statutory power of sale.
- Case Law: The court reviewed previous cases that addressed issues of loan guarantees, statutory notices, and the validity of charge instruments. However, the Applicant's claims lacked substantial legal backing as her arguments were not supported by her pleadings.
- Application: The court found that the Applicant failed to prove her assertion that her late husband was merely a guarantor. The evidence indicated he was the borrower, and the Applicant did not provide proof of full repayment of the loan. Consequently, the court ruled that the Bank's actions were justified, and the Applicant's claims were dismissed.

6. Conclusion:
The court dismissed the Originating Summons, ruling that the Applicant did not substantiate her claims against the Bank. The decision underscored the importance of adhering to procedural requirements in legal pleadings and supported the Bank's position regarding the loan and the title deed.

7. Dissent:
There were no dissenting opinions noted in this case, as the judgment was delivered by a single judge.

8. Summary:
The High Court of Kenya dismissed the application by Lucia Makana Nyakundi regarding the release of the title deed for the property in question. The ruling highlighted the necessity for clear evidence in civil claims and reaffirmed the rights of financial institutions in relation to loan agreements and property security. The case serves as a significant reference for similar disputes involving estate administration, loan guarantees, and property rights.

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