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Land Act

91. Chargee’s action for money secured by charge

Edition: 2025-11-04 · In force

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91. Chargee’s action for money secured by charge

(1)The chargee may sue for the money secured by the charge only if—
(a)the chargor is personally bound to repay the money;
(b)by any cause other than the wrongful act of the chargor or chargee, the security is rendered insufficient and the chargee has given the chargor a reasonable opportunity to provide additional sufficient security and the chargor has failed to provide that additional security; or
(c)the chargee is deprived of the whole or part of the security through or in consequence of, a wrongful act or default of the chargor.
(2)The court may order the postponement of any proceedings brought under subsection (1)(c) until the chargee has exhausted all other remedies relating to the charged land, unless the chargee agrees to discharge the charge.[Act No. 28 of 2016, s. 68.]
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Source: Kenya Law