Supreme Court verdict tests auction of dead borrowers’ assets

A borrower died in January 2005 before his loan was fully repaid, and Housing Finance later sold the charged property by private treaty for Sh10 million.

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The Supreme Court has cleared the way for an appeal expected to examine lenders’ powers and actions when a borrower dies before a mortgaged property is sold.

This follows the court’s dismissal of a bid by Housing Finance Company (K) Limited to stop Faith Wanjiru, the administrator of the estate of the late Harrison Charles Kimeriah, from pursuing the appeal in a 46-year property battle.

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