This move is not only illegal but also criminal and unethical as it considered as Insider Trading. The alleged buyer has affected transfer and has now required our client through its advocate to give vacant possession, which position is unacceptable in the circumstances.
We opine that your execution of the mandate to sale the property, as you are aware should be in compliance with section 96 all through to selection 100 of the Land Act, 2012, in regards to the exercise of your statutory power of sale and its nature, which in contrary to our actions as explained above.
Our client holds the view that whereas it is acknowledged and it is within your knowledge that our client has tried to look for a solution to this dilemma, created by your own staff and your office, you are not keen to assist our client, and are on a mission to frustrate her for reasons whereof can only be speculated.
We note with concern that in furtherance to the above, on or about 24th February 2017, our client was summoned to kamukunji police station on allegations that she has threatened to kill the Credit Manager, Equity Bank, OTC Branch. These allegations are unsubstantiated and are made I attempt to continue suppressing, threatening and frustrating our client who is to further attend before the DCI kamukunji on 6th march 2017 at 10.00am to notify her on progress of investigations.
Our instructions are now to make request to you to take up the following measures;
- Acknowledge the existence of a consumer relationship between our client and yourselves;
- Acknowledge the misrepresentation, misleading and defrauding attempts made to our client;
- Acknowledge the sale irregular and void the same transaction;
- Transfer the property back to our client;
- Review the interest rates and installments for our client;
- Withdraw the complaint by the Credit Manager from kamukunji police station;
- Investigate the Credit Manager and the said manager and stern measures to be taken upon them on conclusion of the investigation; and
- Issue an apology to our client for the inconvenience, embarrassment, and suffering caused to her for the misrepresentation, insider trading and criminal allegations against her in regards to this property.
We shall be willing to discuss this matter with your appointed representatives with a view of finding a lasting solution to this matter.
PLEASE TAKE NOTE THAT should we not hear from you within FOURTEEN (14) days from the date of this letter, we are under instructions to take all necessary steps to reparate our client which may include but not limited to, publication, institution of proceedings both civil and criminal against your officers for neglecting duty and abdication of responsibility and attend costs shall be on you in any event.
Be advised accordingly. Yours faithfully,
For: OMARIBA & COMPANY ADVOCATES.
Cofek Note: We will publish the Equity Bank's reply as soon as we receive it
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