A Kisumu man has been dealt a blow after the Lands and Environment Court gave the Kenya Women Finance Trust the green light to sell his parcel of land over Sh3 million loan.
The loan was reportedly taken by Gabriel Otieno’s wife who surrendered title deeds for their eight parcels of land as security but failed to repay the loan.
Otieno had moved to the court in an attempt to retrieve the title deeds and stop KWFT from exercising the power of sale on his parcels of land after his wife had failed to comply with KWFT’s loan repayment demands.
She had borrowed the money to invest in her business.
During the proceedings, the court heard that KWFT had demanded to put the parcels of land for sale upon their failure comply with a notice demanding payments of Sh821, 609.
Otieno, however, claimed that the title deeds were submitted without his consent and demanded that the eight parcels of land be given back to him. He had also questioned how some notices were served.
The KWFT lawyers told the court that the respondents failed to respond to the notices they had been served with.
In his ruling, however, Justice Stephen Kibunjia said that Otieno did not dispute the address attributed to him and the issue of whether or not he received the notices.
“That as the Appellant has not disputed the address attributed to him, the issue of whether or not he indeed received the notices is an issue to be pursued during the hearing of the main suit, which is still pending in the lower court,” read the ruling in part.
Justice Kibunjia said that the evidence brought by Otieno showed that the loan given to his wife Birter Nyaboke was yet to be cleared and it was only fair and just if the borrower and the guarantor met the demands of their lender.
The court gave KWFT the go-ahead to sell the land.
