1. Before the court is an application dated 14th November, 2024 seeking to restrain the respondent bank from recovering balances from the Estate of Josphat Ngaruiya Kimani by disposing of the charged property.
2. I have considered the application, responses, evidence and submissions of parties.
3. The Bank does not deny the existence of the protection cover. The loan is equally uncontroverted. The parties both agree that the existence of the protection cover meant that the insurance company would take over the applicant’s deceased husband’s liability.
4. I agree with the Bank that no evidence has been presented before this court to prove that the Bank has begun or is in the process of exceeding its statutory power of sale. I equally agree with the submission that the Bank would require payment from Kenyan Alliance Insurance Company Limited before it can discharge the securities.
5. It appears to me that the issue in contention is the follow up with the insurance company. I have not been shown any evidence to prove that the Kenyan Alliance Insurance Company Limited has declined liability in this matter.
6. Accordingly, I do not find that a prima facie has been made for the grant of the relief prayed for. The application dated 14th November, 2024 is dismissed with costs noting that the application is premature at this stage.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 12TH DAY OF MAY 2025.
F. MUGAMBI
JUDGE
2. I have considered the application, responses, evidence and submissions of parties.
3. The Bank does not deny the existence of the protection cover. The loan is equally uncontroverted. The parties both agree that the existence of the protection cover meant that the insurance company would take over the applicant’s deceased husband’s liability.
4. I agree with the Bank that no evidence has been presented before this court to prove that the Bank has begun or is in the process of exceeding its statutory power of sale. I equally agree with the submission that the Bank would require payment from Kenyan Alliance Insurance Company Limited before it can discharge the securities.
5. It appears to me that the issue in contention is the follow up with the insurance company. I have not been shown any evidence to prove that the Kenyan Alliance Insurance Company Limited has declined liability in this matter.
6. Accordingly, I do not find that a prima facie has been made for the grant of the relief prayed for. The application dated 14th November, 2024 is dismissed with costs noting that the application is premature at this stage.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 12TH DAY OF MAY 2025.
F. MUGAMBI
JUDGE