Hannah Wanjiku Kamau v Jane Njeri Karongo & Harrison Munga Karongo & another [2021] KEELC 3709 (KLR)
The bottom line
#A Kenyan court refused to let defendants swap a cash security deposit for a title deed belonging to a deceased person's estate without proper authorization.
What this practically means
#Executive summary
#Key legal issues
#Whether the defendants laid a proper basis for review of the stay-security orders
The review application fails because the defendants merely asserted inability to raise the cash without evidence of efforts made or financial status, and offered no acceptable alternative security
The court held that while it had power to grant the orders sought, the defendants bore the onus of demonstrating inability to raise Kshs. 1,000,000/= and the availability of alternative security of similar or higher value. They made a bare claim of inability, disclosed no efforts to raise the funds or their financial status, and the proffered title deed belonged to a deceased non-party without estate authorization, having been concealed from the court.
Whether a title deed over a deceased person's land could stand as security
It could not, absent disclosure of the deceased's ownership and evidence of the estate's consent
The proffered security was a title deed for Marmanet Oljabet Block I/502 registered in the name of Peter Munga Karongo, whom the defendants' own deponent had testified at trial was deceased. The defendants did not disclose this to the court nor produce evidence of authorization from the estate, leading the court to accept the plaintiff's submission that the title was presented in bad faith.
Legal principles established
#- A party seeking review of security conditions bears the onus of demonstrating inability to comply and the adequacy of any alternative security offered
- A title deed of a deceased person's land cannot be deposited as security without evidence of authorization by the estate
Court orders
#- 1.The defendants' amended Notice of Motion dated 11th November, 2020 is dismissed with costs to the plaintiff
- 2.No orders made in respect of the defendants' application dated 10th September, 2020, it having been overtaken by events
- Jurisdiction invoked
- Inherent review power over the court's own orders (application for review/setting aside of stay orders issued on 15th July, 2020)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hannah Wanjiku Kamau v Jane Njeri Karongo & Harrison Munga Karongo & another [2021] KEELC 3709 (KLR)", Case Analysis (2021). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3709/eng@2021-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.