Repossession is the seizure of goods or chattels where the correct documentation is held, and a debt is due. The repossession of property in Kenya is guided by the Chattels Transfer Act (Cap 28) and The Auctioneers Act 1996 and Rules, 1997 and 2010.

The repossession process does vary depending on the agreement between the parties(the Chargor (the person who owns the property being charged) and the Chargee (the lender in whose favour the Charge is created). In certain instances there will be 3 signatories to the Charge as is the case where the Chargor (the owner of the property over which a Charge is to be created) and the person to whom the funds are lent (borrower) are distinct persons and are hence required to execute the charge together with the Chargee) made at the time of the lease or hire purchase agreement, or loan/other agreement between parties. Title in the property is transferred back to the creditor as a result of a breach of contract.  For leases title is not transferred until the completion of the lease, a chattel mortgage grants title to the owner, but a security is held over the goods - this security is the basis of the repossession for failure to pay.  Any interest in the property by the debtor is destroyed by the process of a Public Auction.

Procedure in Repossession of Goods or Chattels

On receipt of instructions from the instructing officer to repossess a property, it is usually an immediate demand for payment, if the debtor fails to pay the full amount due, the property is repossessed after 7 days from the date of Proclamation.  The property is normally held for a set period within which it will be advertised for Public Auction and sold after 7 days, after advertisement appearance in the Daily Newspapers as per The Kenya Auctioneers Act, or a period as set down in the documentation of Repossession, and then sold at Public Auction to recover monies owed.A court application may be made which shortens or states the time for which the property is held. During this time the debtor may pay restitution (including monies owed, interest, fee's associated with the repossession and cost of storage), and recover their goods.

For hire purchase arrangements there are statutory requirements to be met before an Auctioneer can repossess the item. 

 

An auction will not generally receive the same value as a shopfront sale - when talking about good and chattels - including motor vehicles  auctions receive lower prices.  The seizure of a car is probably the most common form of Commercial Agent seizure.If the auction fails to gain sufficient funds to cover the debt the difference is still the responsibility of the debtor.

Other forms of repossession include as the result of a court order, or as part of the winding up process undertaken during foreclosure or bankruptcy action.

 

 

 

This is a term used to describe a loan arrangement in which an item of movable personal property is used as security for the loan. A chattel mortgage is a loan that is secured by chattel rather than by real property. In a traditional mortgage, the loan is secured by the property itself. With a chattel mortgage, the lender holds a lien against the movable property (chattel) until the loan has been satisfied, at which point the borrower resumes full control of the chattel.

In other words; Chattel mortgage is described as ; When an interest is given on moveable property other than real property (in which case it is usually a 'mortgage'), in writing, to guarantee the payment of a debt or the execution of some action.

 

 

Repossession is generally used to refer to a financial institution taking back an object that was either used as collateral or rented or leased in a transaction. Repossession is a "self-help" type of action in which the party having right of ownership of the property in question takes the property back from the party having right of possession without invoking court proceedings. The property is then sold on by either the financial institution or 3rd party sellers. The extent to which repossession is authorized, and how it may be executed, greatly varies in different jurisdictions.

Lolwe Auctioneers recover possession of property acquired through hire purchase on behalf of the financial institutions and legal practitioners upon being instructed to do so once the purchaser is in default.

Our services have been of great value to:-

In repossessions, an individual can instruct us either directly or through their lawyers / advocates provided that the item to be repossessed has been registered as a chartel mortgage.

Lolwe Auctioneers boast a team of experienced staff who will collaborate with your credit department to ensure that accounts placed with us are dealt with within the shortest practicable time and to a logical conclusion.

In the matters of repossessions, being a Class"B" Licensed Auctioneers in Kenya, we are  Licensed by the Auctioneers Licensing Board of Kenya, to repossess any chattel mortgage throughout the Republic of Kenya.

 

We are a Private Eye Investigation agency. Due to demand from Corporate Human Resource Managers, Corporate bodies and the Kenyan populace for corporate and individual private investigations, Lolwe Auctioneers has been approached by both individual and corporate bodies for the services of Skip tracing and other private eye investigations,follow up of persons movements within a designated area to ascertain individual behaviours at certain hours of the day.              

These include:

Corporate Private Eye Services

Human Recourse is the back bone for every successful company. Behavioral activities of various staff before and after employment is a real concern for human resource managers for both employment and promotional purposes. We have been involved in corporate staff investigations for incumbent New staff after interviews to ascertain the authenticity of their allegations as per their CVs' information on their past - Pre and Post Employee screening services.
We also get involved with the already employed staff investigations on their after duty involvements and behaviour.

Individual Private Eye Services

 Kenya Court Warrants Executions, Kenya Court Order Executions

Is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it on a Public Auction through competitive bidding and use the proceeds to pay the judgment. The procedure is to take the judgment to the Executive officer of the court and have a writ of execution(Court Warrant) issued which is taken to the Auctioneer with instructions on what property to execute upon. In the case of real property the official must first levy (place a lien on the title), and then execute upon it (seize it.) However, the judgment debtor (loser in the lawsuit) may pay the judgment and costs before sale to redeem real estate. This is one of the creditor's rights.

The process whereby an officer of Court, usually an Auctioneer, is directed by an appropriate judicial court order to seize and sell as much of a debtor's nonexempt property as is necessary to satisfy a court's monetary judgment by issuing a court warrant or issuing a court eviction order is regarded as a Court Execution.

Court Execution is achieved through a legal device known as a Court order of execution. The court order serves as proof to the property owed by the defendant, who is called the Judgment Debtor, to the plaintiff, or Judgment Creditor. The writ of execution commands an officer of the court, usually an Auctioneer, to take the property of the debtor to satisfy the debt. Ordinarily, a writ of execution cannot be issued until after an appropriate court issues a judgment or decree determining the rights and liabilities of the parties involved.

Court Executions with regard to seizures of property, executions are authorized in any action or proceeding in which a monetary judgment is recoverable and in any other action or proceeding when authorized by statute. For example, the victim of a motor vehicle accident may institute a civil lawsuit seeking damages from another party. If the plaintiff wins the lawsuit and is awarded money from the defendant as a part of the verdict, the court may authorize an execution process to pay the debt to the plaintiff by issuing a Court Warrant.

Items immune to Execution as per the Laws of Kenya

Any type of Personal Property is subject to seizure under an execution, provided existing laws do not prescribe specific exemptions. Such property may include jewelry, money, and stocks. In most states, real property, including land, is also subject to execution. Intellectual Property, which includes Patents, copyrights, and Trademarks, is generally immune to execution.

All property belonging to a judgment debtor, including property over which or over the profits of which he has a disposing power which he may exercise for his own benefit, whether that property is held in his name or in the name of another but on his behalf, shall be liable to attachment and sale in execution of a decree:

Provided that the following shall not be liable to attachment or sale -

(i) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor and of his wife and children,and those personal ornaments from which, in accordance with religious usage, a woman cannot be parted;

(ii) the tools and implements of a person necessary for the performance by him of his trade or profession;

(iii) where the judgment-debtor is an Agriculturalist -

(a) the first ten thousand shillings in value of his livestock,if any; and
(b) the first five thousand shillings in value of all implements, tools, utensils, plant and machinery used in connection with stock or dairy farming or in the production of crops or plants; and
(c) the first one thousand shillings in value of agricultural produce necessary to enable him to earn his livelihood;

(vi) two thirds of the salary of public officer or other person in employment;Property liable to attachment and sale in execution of a
decree.

An execution on a judgment is typically issued by the Executive officer of the court in which the judgment was rendered. The Executive officer of the court cannot issue an execution unless directed to do so by the judgment creditor or the judgment creditor's attorney. The time within which an execution must issue varies from one jurisdiction to another. The writ must be delivered to the Auctioneer or his or her deputy before it can properly be said that the writ has been issued.

The levy of the execution is the act by which the officer of the court appropriates the judgment debtor's property to satisfy the command of the writ. The levy must be made by an officer duly qualified to act under the terms of the writ. In many instances, the judgment debtor has the right to select and indicate to the officer the property upon which the levy is to be made.

An execution creates a lien that gives the judgment creditor qualified control of the judgment debtor's proclaimed property. In most jurisdictions, an execution lien binds proclaimed property, personal or real, that is subject to levy.

After the Auctioneer has levied a proclamation on the property, it is her or his duty to sell the property seized. An execution sale is a sale of property by an Auctioneer as an officer acting under the writ of execution. An execution sale should be conducted so as to promote competition and obtain the best price. An auctioneer as an agent to sell the property, in order to procure the most favorable price and to collect the proceeds.

Body Executions

Execution against a person is by writ of capias ad satisfaciendum (Latin for "to take the body to court to pay the debt"). Under this writ, the  Court Bailiff (Auctioneer) after being issued with a Court order from a court of law, arrests and hands over the defendant to a Court of law issuing the order, for civil jail imprisonment until the defendant satisfies the judgment or is discharged from doing so. Such an execution is not intended as punishment for failure to pay the judgment. It is permitted for the purpose of compelling the debtor to reveal property fraudulently withheld from his or her creditor and from which the judgment can be satisfied.

In most jurisdictions, defendants in lawsuits based on contracts are not subject to body executions unless they have committed Fraud.

 

"Under the Kenya statutes, imprisonment for debt has been abolished entirely".

Statutes providing for the issuance of body executions to enforce judgments handed down in civil suits ordinarily do not conflict with provisions against imprisonment for debt. Among the civil, or tort, actions in which the writ is generally allowed are those involving fraud or deceit, and those for neglect or misconduct in office or professional employment. A body execution is also generally proper in actions to recover for injuries to person or reputation, including Libel and Slander, and in actions to recover for Malicious Prosecution.

 

This is the seizure of assets pursuant to Court warrants of attachment issued by the commercial courts following litigations in civil matters. Here the Courts award the successful litigant amounts of money in form of a judgement against the losing litigant in a commercial dispute. In the event the party against whom the judgement has been made fails to pay the claim, the Court may cause execution of its decree by ordering attachment of the assets of the defaulting Judgement debtor upon application by the decree holder.

Lolwe Auctioneers are experts in the field of executing court warrants of attachment of property. We have over the years offered this service to reputable law firms acting on behalf of their clients. We offer speedy services which ensures the Decree holder enjoys the fruits of his litigation at the earliest time possible. We frequently and correctly update our clients in the happenings on the matters placed with us and at the same time give utmost attention to the matter at hand.

We strive to deliver the desired results. Honesty and openness are our strongest virtue in our undertakings. We understand the high level of trust vested on us by our clients in allocating their matters to us and work very hard to seeing to it that we reciprocate by delivering the desired results. 

 Our Jurisdiction as far as Court Warrants and Court Order Executions are concerned:

 

We are licensed to carry out Court Executions in Nairobi, Kiambu, Kajiado and Machakos Counties. Other areas are subject to Authority in Writing by the local courts to us in various jurisdictions.

We have executed court warrants instructed by the following Law firms amongst others:

 

 

 

 

 

We occassionally buy used items from various individuals and corporates. these include; used furniture, electronic equipment, household items and those items that our clients are able to dispose off without the encumbrance of going into an auction. I this case, we re - value the costs of each item to a price that it is likely to fetch at a Public Auction and pay the same for it. We then hold an Auction at our convenience to dispose the same at a later date.