Case Analysis

Construction Mortgage Auction and Bank Statements Lawyer and Advocate at Bungoma High Court: Tsintseyi: Sale Restraint Refused, Statements Ordered

Looking for a lawyer or advocate for construction mortgage auction and bank statements at Bungoma High Court? This guide explains Tsintseyi v National Bank of Kenya Limited and the documents to prepare for an independent consultation.

Obtaining statements did not stop the proposed sale

Bungoma High Court declined to restrain the sale of the charged property but ordered the bank to supply account statements within fourteen days, with costs in the cause. That period was a historical condition in this file. The borrower disputed debt consolidation, valuation and the account record. The court found the injunction requirements unmet and noted his own consolidation request. It did not finally determine every issue in the underlying suit or forgive the loan. An order for statements should therefore not be described as protection against an auction or a finding that the balance is incorrect.

Bring the construction finance and security documents

A lawyer for a construction mortgage auction dispute needs the offer letters, loan agreement, charge, guarantees and variations. An advocate should compare the borrower, guarantor and registered owner shown in each document. Explain whether the facility funded a personal project or a company investment and identify the relevant accounts without publishing their details.

Include later refinancing or restructuring papers. Keep an unsigned draft distinct from the document actually executed. State which terms you challenge and which you accept. The adviser needs the complete agreement before evaluating the proposed relief; a description that the loan was for construction does not establish which debts the property secured or whether consolidation was permitted.

Reconstruct the borrowing and payment history

Prepare a schedule of disbursements, repayments, charges and the balance demanded. Attach statements and payment confirmations covering the relevant period. A lawyer needs to see how the claimed debt developed rather than only the first amount borrowed and latest demand. Mark the accounts involved and distinguish a company payment from your personal payment.

Record any gap in the statements and your request for the missing period. If you dispute an entry, identify its date and amount and explain the basis of the objection. An advocate can assess whether further records or reconciliation are needed. This preparation does not establish an overcharge, waive default or calculate the amount legally recoverable from you.

Preserve your own requests for restructuring or consolidation

Bring letters and messages asking the bank for an extension, waiver, private sale or combination of debts. Include the responses and any resulting agreement. A lawyer needs to assess the effect of those communications on the position you now propose to advance. Do not leave out a request merely because it appears inconsistent with your present objection.

Describe what you understood at the time and identify any term you say was not agreed. An advocate should examine that account against the written records. The consultation should distinguish an inaccurate calculation from a dispute about the scope of security or an agreed restructuring. This guide supplies no assurance that a consolidation objection will prevent sale.

Compare the valuations on a common basis

Bring the complete bank valuation and any report obtained independently. Keep their inspection dates, property descriptions and stated valuation basis visible. A lawyer should be able to see whether the figures concern market value, forced sale value or another measure. A difference between two totals needs explanation rather than an assumption that the lower figure is unlawful.

Identify specific concerns about the property inspected, factual inputs or method and the evidence supporting them. An advocate can assess whether technical advice is needed and how the issue relates to a proposed application. This article does not select the correct value for your property or establish that providing a competing report alone entitles you to an injunction.

Organise the notices and current auction position

Keep each demand, sale notice, auction advertisement and proof of receipt. Record the issue and receipt dates separately. A lawyer needs to compare the notice sequence with the facility and current law. State whether a sale has already occurred, was postponed or is still proposed and provide the document supporting that position.

If your property hosts a business, explain the concrete consequence and supporting records rather than relying on a general statement of hardship. An advocate must assess both the proposed remedy and the evidence. Seeking advice or account statements does not itself stop an auction. This case's separate statements order did not supply the sale restraint the borrower requested.

Send the documents with a precise urgent enquiry

Use “Bungoma construction mortgage auction — lawyer and advocate to review debt consolidation, valuation and notices”. State the advertised date, facility, charged property, outstanding record and relief needed. Send the papers privately through the consultation process. Ask for assessment of current options, evidential gaps and fees. Identify any existing order or hearing. The adviser must evaluate your position; the cited ruling supplies neither an automatic sale suspension nor a deadline for your own application.

Editorial analysis checked on 5 October 2026. Practical document guidance is commentary. The cited case is not our firm’s case or a promised outcome; later orders may affect its position.