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Oliech's mother in court
Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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Whats wrong with people especially when money is involved hadi families turn against each other,children against mother...tabia mbaya sana http://www.standardmedia...liech-s-mother-in-court possunt quia posse videntur
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Rank: Elder Joined: 3/31/2008 Posts: 7,081 Location: Kenya
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Rank: Member Joined: 2/12/2010 Posts: 474 Location: Nairobi
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What I get from the story: The family is together and no issues amongst its members. KCB took the land title deed and the only way to get it back is claim that the woman did not own the land nad could therefore not dispose it off. You do this by showing via a court ruling that the land has other parties who are not part of the KCB loan issue. So its a strategic move by the family to get the land back. The problem with most Kenyans is that we take "news" as reported by the money hungry media houses. Esp the headlines. Keep it simple
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Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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richdad wrote:What I get from the story: The family is together and no issues amongst its members. KCB took the land title deed and the only way to get it back is claim that the woman did not own the land nad could therefore not dispose it off. You do this by showing via a court ruling that the land has other parties who are not part of the KCB loan issue. So its a strategic move by the family to get the land back. The problem with most Kenyans is that we take "news" as reported by the money hungry media houses. Esp the headlines. ...Boss spare me pliz there advos i.e Wachakana and Nyachoti would be very daft to use such a defence...and am sure they are not,it doesnt matter in law...As Justice Ringera said in Kihara vs Barclays Bank when you use your property as security for a loan it becomes a commodity for sale.... possunt quia posse videntur
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Rank: Member Joined: 2/12/2010 Posts: 474 Location: Nairobi
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maka wrote:richdad wrote:What I get from the story: The family is together and no issues amongst its members. KCB took the land title deed and the only way to get it back is claim that the woman did not own the land nad could therefore not dispose it off. You do this by showing via a court ruling that the land has other parties who are not part of the KCB loan issue. So its a strategic move by the family to get the land back. The problem with most Kenyans is that we take "news" as reported by the money hungry media houses. Esp the headlines. ...Boss spare me pliz there advos i.e Wachakana and Nyachoti would be very daft to use such a defence...and am sure they are not,it doesnt matter in law...As Justice Ringera said in Kihara vs Barclays Bank when you use your property as security for a loan it becomes a commodity for sale.... The mother was actually demanding back the title deed from the KCB lawyer. (As seen in media) It may not work but I guess thats their move. Keep it simple
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Rank: Veteran Joined: 12/23/2010 Posts: 1,229
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Value of the property : 40 million Loan amount: 2 million
And we're talking about a developed property here ( rental income). I don't see the logic of selling to pay off a loan. Terrible move.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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richdad wrote:maka wrote:richdad wrote:What I get from the story: The family is together and no issues amongst its members. KCB took the land title deed and the only way to get it back is claim that the woman did not own the land nad could therefore not dispose it off. You do this by showing via a court ruling that the land has other parties who are not part of the KCB loan issue. So its a strategic move by the family to get the land back. The problem with most Kenyans is that we take "news" as reported by the money hungry media houses. Esp the headlines. ...Boss spare me pliz there advos i.e Wachakana and Nyachoti would be very daft to use such a defence...and am sure they are not,it doesnt matter in law...As Justice Ringera said in Kihara vs Barclays Bank when you use your property as security for a loan it becomes a commodity for sale.... The mother was actually demanding back the title deed from the KCB lawyer. (As seen in media) It may not work but I guess thats their move. @richdad you are right on this being a family play against the bank. @maka your argument is severely wanting. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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Oliek earns million shillings per week,why cant he pay the 2 million on behalf of dear mum? Things are not adding up here. Portfolio: Sold You know you've made it when you get a parking space for your yatcht.
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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Impunity wrote:Oliek earns million shillings per week,why cant he pay the 2 million on behalf of dear mum? Things are not adding up here. Pesa sio ya kutupa tupa ovyo ovyo, what was the loan for?...Did it achieve it's purpose, the mum should explain this!!!! ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Rank: Elder Joined: 11/14/2007 Posts: 4,152
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@ Richdad....Isn't the title registered in the Mother's name na she's the one who took the 2m loan from KCB? If everything was all rosy in their family then someone would have settled the amount on behalf of their mother. Anyway this is a matter that Oliech should be able to handle, it didn't have to go this far.
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Rank: Elder Joined: 10/1/2009 Posts: 2,436
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For Sport wrote:Value of the property : 40 million Loan amount: 2 million
And we're talking about a developed property here ( rental income). I don't see the logic of selling to pay off a loan. Terrible move. The logical thing done would be for the bank to take a charge over the property for 2m (or an alternative security) as well as an assignment of rental income so that all the rental income accruing from the property goes towards settling the extant loan. However, if the property has a number of joint owners and KCB did not get their consent/ personal guarantee in favour of mama's borrowing, then it can be challenged in a court of law and maybe this maybe what we are witnessing now. But on the other hand, KCB can just keep the title without charging it (equitable security). This is my surmise based on the little conflicting info. going round. Alternatively, why can't Oliech clear the o/s and kcb returns the title so that it remains with the family? Or he takes a cash-backed 2m loan? Or he gets a bank guarantee from his current bankers as security for the 2m loan so as to release the title? I agree with @impunity, hii ni pesa kidogo which the family can quickly clear but are not reluctant to for reasons best known to them - there appears more to it that they are letting up
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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McReggae wrote:Impunity wrote:Oliek earns million shillings per week,why cant he pay the 2 million on behalf of dear mum? Things are not adding up here. Pesa sio ya kutupa tupa ovyo ovyo, what was the loan for?...Did it achieve it's purpose, the mum should explain this!!!! Its the same Oliek who bought the property the mum used to acquire the loan, if the mum sells the property then Oliek will lose more than if he opts to clear the small 2 million shilling loan. Portfolio: Sold You know you've made it when you get a parking space for your yatcht.
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Rank: Elder Joined: 6/19/2008 Posts: 4,268
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I presenter yesterday mentioned that Oliech bought the property for his mother (cant even remember which channel because i kept flipping through them). if this is so, why would his siblings take their mother to court? When a child buys the parent property, does it become "family" property or the parent can do whatever they wish with it?
How do you define "family property"?
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Rank: Elder Joined: 3/31/2008 Posts: 7,081 Location: Kenya
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Wendz wrote:I presenter yesterday mentioned that Oliech bought the property for his mother (cant even remember which channel because i kept flipping through them). if this is so, why would his siblings take their mother to court? When a child buys the parent property, does it become "family" property or the parent can do whatever they wish with it?
How do you define "family property"? ...I think the problem is with the lawyers who create a shithill out of a child's poopoo to benefit themselves. George Lamming (in the castle of my skin) groups lawyers and politicians in the same category...All of them damn liars!!!
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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Intelligentsia wrote:For Sport wrote:Value of the property : 40 million Loan amount: 2 million
And we're talking about a developed property here ( rental income). I don't see the logic of selling to pay off a loan. Terrible move. The logical thing done would be for the bank to take a charge over the property for 2m (or an alternative security) as well as an assignment of rental income so that all the rental income accruing from the property goes towards settling the extant loan. However, if the property has a number of joint owners and KCB did not get their consent/ personal guarantee in favour of mama's borrowing, then it can be challenged in a court of law and maybe this maybe what we are witnessing now. But on the other hand, KCB can just keep the title without charging it (equitable security). This is my surmise based on the little conflicting info. going round. Alternatively, why can't Oliech clear the o/s and kcb returns the title so that it remains with the family? Or he takes a cash-backed 2m loan? Or he gets a bank guarantee from his current bankers as security for the 2m loan so as to release the title? I agree with @impunity, hii ni pesa kidogo which the family can quickly clear but are not reluctant to for reasons best known to them - there appears more to it that they are letting up Who are these Oliek's sibling who has taken their maternal mom to court? But that mom looked confused and the children could be right, this is Kenya and one son of a prominent former Mpig wanted a court to declare his dad senile! Portfolio: Sold You know you've made it when you get a parking space for your yatcht.
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Rank: Member Joined: 8/7/2012 Posts: 180
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Si this Guy knew us...Someone in the crowd said to him, “Teacher, tell my brother to divide the inheritance with me.” Jesus replied, “Man, who appointed me a judge or an arbiter between you?” Then he said to them, “Watch out! Be on your guard against all kinds of greed; a man’s life does not consist in the abundance of his possessions.”
And he told them this parable: “The ground of a certain rich man produced a good crop. He thought to himself, ‘What shall I do? I have no place to store my crops.’ “Then he said, ‘This is what I’ll do. I will tear down my barns and build bigger ones, and there I will store all my grain and my goods. And I’ll say to myself, “You have plenty of good things laid up for many years. Take life easy; eat, drink and be merry.” ’
“But God said to him, ‘You fool! This very night your life will be demanded from you. Then who will get what you have prepared for yourself?’ “This is how it will be with anyone who stores up things for himself but is not rich toward God.”Eagles don't flock, you have to find them one at a time.
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Rank: Veteran Joined: 8/25/2012 Posts: 1,826
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oliek should just go to the bank and buy back the property for 2m, and revert it to himself. shida kwisha, pap.
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Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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Elder wrote:richdad wrote:maka wrote:richdad wrote:What I get from the story: The family is together and no issues amongst its members. KCB took the land title deed and the only way to get it back is claim that the woman did not own the land nad could therefore not dispose it off. You do this by showing via a court ruling that the land has other parties who are not part of the KCB loan issue. So its a strategic move by the family to get the land back. The problem with most Kenyans is that we take "news" as reported by the money hungry media houses. Esp the headlines. ...Boss spare me pliz there advos i.e Wachakana and Nyachoti would be very daft to use such a defence...and am sure they are not,it doesnt matter in law...As Justice Ringera said in Kihara vs Barclays Bank when you use your property as security for a loan it becomes a commodity for sale.... The mother was actually demanding back the title deed from the KCB lawyer. (As seen in media) It may not work but I guess thats their move. @richdad you are right on this being a family play against the bank. @maka your argument is severely wanting. ..Its not my argument its a reported case in the Kenya Law reports@Elder they can come with their entire clan if they want and claim to have vested interest on that piece of land but fact still remains the court will look at the letter of offer,the contractual terms and the bona fides of the debtor...I rem one Judge Ogola saying to paraphrase,banks are like robbers,who steal from you,kill you then are the loudest mourners at your funeral... possunt quia posse videntur
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Rank: Elder Joined: 7/11/2012 Posts: 5,222
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Behemoth wrote: Si this Guy knew us...Someone in the crowd said to him, “Teacher, tell my brother to divide the inheritance with me.” Jesus replied, “Man, who appointed me a judge or an arbiter between you?” Then he said to them, “Watch out! Be on your guard against all kinds of greed; a man’s life does not consist in the abundance of his possessions.”
And he told them this parable: “The ground of a certain rich man produced a good crop. He thought to himself, ‘What shall I do? I have no place to store my crops.’ “Then he said, ‘This is what I’ll do. I will tear down my barns and build bigger ones, and there I will store all my grain and my goods. And I’ll say to myself, “You have plenty of good things laid up for many years. Take life easy; eat, drink and be merry.” ’
“But God said to him, ‘You fool! This very night your life will be demanded from you. Then who will get what you have prepared for yourself?’ “This is how it will be with anyone who stores up things for himself but is not rich toward God.” That there is some serious reading.. Let me speculate, maybe Oliek has realised what a terrible money manager his mama is and wants his property to her in his name lest she squanders everything. I once ate at Mama Oliek in hurlingham and was very disappointed.
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Rank: Member Joined: 11/18/2010 Posts: 503 Location: Kenya
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