VituVingiSana wrote:If (hypothetically) Muigai wins, what happens?
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Does Bidii Kenya [who bought the land in an auction] get a refund from KCB for what they paid?
Does Bidii Kenya [who bought the land in an auction] get the market value as a refund from KCB?
Does Bidii Kenya [who bought the land in an auction] get nothing?
I expect more auctions by banks as folks default on loans at 20%... but I don't want to end up owning nothing if the borrower wins vs the bank.
As things stand at the moment,Ngengi has lost the case.The supreme court is the highest court and last in hierachy.Since he can not appeal the decision,his lawyers can only file a new case at the high court in a bid to upstage the status quo.That will take time as it might end up in appeal court and eventually supreme court again.
His main argument in the case is that he was only a guarantor.The bank should have sold Bendjo land and not his.
The valuation of Bednjo land might have failed to meet the 70 million threshold.The bank then chose to sell his land since in law when a defaulter fails,the guarantor pays.The supreme court relied on this law to make its judgement.
The tide is heavily tilted against Ngengi in this case.I do not see him winning.What new angles will his lawyers use to try to resuscitate the case?.As a matter of fact the case is good as dead.Petty issues like trying to poke holes into plaintiff advocates licences wont help him.
Meanwhile KCB pocketed 70 million long time ago.But in the remote chance that Ngengi wins,kcb wont loose as it will turn to the Bedjo land to recover its money.By then the land will have met the threshold.
My only concern here is the expensive fees paid to the advocates.The case has taken long time and seems it will take more time again.Those are millions in courts and advocates fees.That does not add value to me as an investor in kcb.
Towards the goal of financial freedom