Bank is ordered to give back auctioned home to siblings
SEE ALSO :Widow in battle to claim landDaniel testified that in 2009, the bank loaned Njuguna another Sh5.6 million without security after which his mother’s signature was forged purporting that she had agreed to extend the guarantee. “My mother had been ailing for four years and was seriously ill at the time of execution of the loan. She died a few days later and there was no way she could have signed the documents. I was close to my mother; she would have told me of the loan,” he told the court. Daniel had testified that he knew Njuguna as a family friend who frequented their house before their mother’s death, adding that he did not know Njuguna had forged the signature until the bank came to auction the house. Daniel said that when he wrote to the bank demanding to know the circumstances leading to the auction, Njuguna confronted him and told him to keep off. The siblings accused the bank of issuing statutory notices to a dead person, saying the family had not got letters of administration for the estate at the time to enable them to negotiate with the institution.
SEE ALSO :Alarm as cartels eye plots in Kitale“It was painful to see our six-bedroom bungalow and the many rental houses our parents developed on the one-acre land go for a loan they did not benefit from. We just want to be allowed back to take care of our parents’ graves, which are in the compound,” said Daniel. The siblings had claimed that before their mother’s death, she repeatedly called Njuguna to find an alternative guarantor and return the title, but he refused. They also told the court they had pleaded with the bank during the auction to consider sub-dividing the land and selling a portion to pay its claim, but the institution refused, leaving them destitute.