Musician Suzanna Owiyo’s husband Erick Ounga is demanding Sh237 million in damages from KCB for failing to produce his title deed.
The High Court will continue hearing the matter on April 26.
The decision was made after KCB lawyer Jude Ragot said he was not ready to proceed with the case and asked for more time.
“I am asking for indulgence as the matter was wrongly dismissed as a motion,” Ragot told the court on Tuesday.
Judge David Majanja granted the request and directed the two parties to present a witness each.
Ounga wants KCB to pay him the amount for losses incurred from lost business opportunities and general damages for the loss of title number LR 1/913.
Through lawyer Samuel Onyango, Ounga told the court in 2016 that he had used the title deed to secure a Sh21 million loan from KCB.
He said he went back to retrieve the title with the intention of selling the land but the bank failed to produce the document, leading to a loss of Sh31 million.
Ounga said the buyer had given him a down payment of Sh5 million, but failure by KCB to release the title deed to facilitate payment of Sh26 million made him lose his income.
“As a result of the defendant’s negligence and/or failure to discharge and release the plaintiff’s title, he has not only suffered lost business opportunities but also loss of respective income and damages,” the plaint reads.
Ounga said he had paid part of his loan to KCB and that the balance was Sh14 million, which he would have cleared if he had sold the land to the buyer.
KCB had sought an out of court settlement.