Muburi & 2 others (Suing as the administrators of the Estate of Teresa Kirangari Muburi) v First Credit Exchange Development Limited
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Ownership of the suit land
The deceased was the registered owner of LR No 1144/846, evidenced by the certificate of grant registered as IR 37496/1
The affidavit evidence of the co-administrator, together with the certificate of grant showing registration of the grant in the deceased's name and the registered charge, established ownership. The certificate of title is conclusive evidence of proprietorship under Section 26(1) of the Land Registration Act, and the defendant did not controvert this evidence.
Discharge of the charge dated 15th August 1990
The charge should be discharged since the loan was repaid in full and the chargee cannot be traced
The letter of 30th November 1995 from the defendant's advance manager confirmed full repayment and requested discharge. Section 85(1) of the Land Act entitles a chargor to discharge upon repayment. Leaving the charge subsisting where the chargee cannot be traced would create unnecessary hardship to the right of redemption, as in Sammy Njoroge Mwangi v Regional Loans Building Society.
Signing of discharge documents by the Deputy Registrar
The Deputy Registrar should sign all documents necessary to discharge the charge
The defendant failed to enter appearance and could not be traced despite reasonable efforts, including substituted service by advertisement in the Daily Nation and searches at the Company Registry. Justice demands that the Deputy Registrar sign the discharge documents in place of the unavailable chargee.
Legal principles established
#- Upon payment of all monies secured by a charge and performance of all obligations, the chargor is entitled to discharge of the charge
- Uncontroverted evidence does not automatically prove a case; the plaintiff must still discharge the burden of proof
Court orders
#- 1.Teresa Kirangari Muburi of P.O Box 28483-00200 Nairobi is declared the owner of the property known as IR Number 37496/1
- 2.The charge dated 15.8.1990 registered against LR No 1144/846 as defined in the grant registered as IR Number 37496/1 in favour of First Credit Exchange Development Limited is discharged
- 3.The Deputy Registrar of the Court shall sign all documents necessary to discharge the charge and give effect to the orders
- 4.The Plaintiffs shall have costs of the suit
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over charges and interests in land (Article 162(2) Constitution); suit by Originating Summons dated 2nd October 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muburi & 2 others (Suing as the administrators of the Estate of Teresa Kirangari Muburi) v First Credit Exchange Development Limited", Case Analysis (2023). Environment & Land Case 61 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20673/eng@2023-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.