Tag: Lloyd Masika Limited

  • Lloyd Masika Probed for Fraud as Stanbic Bank Exposed for Incompetence in Due Diligence

    Lloyd Masika Probed for Fraud as Stanbic Bank Exposed for Incompetence in Due Diligence

    A storm is brewing in Kenya’s financial and real estate sectors after the High Court in Nairobi ordered top property valuer Lloyd Masika Limited to bare its financial soul to Stanbic Bank Kenya, in a case that has laid bare staggering negligence, inflated valuations and apparent incompetence in bank due diligence.

    Justice Aleem Visram, sitting at the Milimani Commercial Court, directed the firm to surrender its audited financial statements, bank accounts, title deeds and company books to Stanbic Bank within 21 days, as part of efforts to trace assets that could settle a massive KSh 58 million decree.

    The court warned that should evidence of concealment or fraudulent transfer of assets emerge, the corporate veil could be lifted — effectively placing the company’s directors in the legal crosshairs.

    The sensational case traces back to February 2018, when Lloyd Masika, one of Kenya’s oldest and most respected valuation firms, priced three properties in Machakos County at an open market value of KSh 87 million and a forced-sale value of KSh 56.5 million. On that basis, Stanbic Bank advanced a loan facility to a borrower.

    But when the borrower defaulted, a fresh revaluation exposed a shocking reality — the same properties were now worth only KSh 17 million and KSh 13.1 million respectively. The eye-popping discrepancy, nearly KSh 70 million off the mark, sparked outrage within the banking sector and sent alarm bells ringing about the integrity of professional valuations.

    Stanbic Bank, left nursing a colossal loss, accused Lloyd Masika of gross negligence and submission of false valuation reports.

    The dispute went to arbitration, and in December 2021, the arbitrator ruled squarely against Lloyd Masika, holding the firm liable for KSh 40 million in losses plus costs, pushing its total liability to about KSh 44 million.

    However, years later, the bank is still chasing shadows. A public auction of Lloyd Masika’s assets raised a paltry KSh 1.13 million, of which just KSh 706,335 reached Stanbic.

    With over KSh 57 million still outstanding, the bank turned to the courts — demanding access to the firm’s financial innards to determine whether it is hiding assets or operating on empty promises.

    In a striking twist, Lloyd Masika’s directors fought back, accusing Stanbic of blackmail and embarrassment tactics, arguing that they already hold a KSh 500 million professional indemnity policy with UAP Insurance, which they claim can satisfy any decrees.

    The firm contends that the bank’s demand is premature since the insurance litigation is still ongoing.

    But Justice Visram dismissed the argument, saying the insurance claim does not excuse the company from disclosing its books.

    “The purpose of Order 22, rule 35 is to enable a decree-holder to obtain information on a company’s assets and financial affairs,” the judge ruled, stressing that “whether the insurance claim ultimately satisfies the decree is a separate matter.”

    For a firm that once stood as a pillar of Kenya’s real estate market — managing prime commercial buildings, luxury residences, and multi-billion-shilling developments — the ruling is a devastating blow to its reputation.

    It now faces public scrutiny and possible deeper probes into its valuation practices, which could shake investor confidence and trigger a wider regulatory reckoning.

    But Stanbic Bank is hardly emerging unscathed. Industry insiders say the case exposes the bank’s lax due diligence and failure to independently verify valuations before lending. Critics argue that for an international financial powerhouse, the bank’s internal controls appear embarrassingly porous, leaving it vulnerable to shoddy appraisals and costly misjudgments.

    “This is what happens when banks get too comfortable outsourcing critical risk assessment to third parties without proper oversight,” said one senior banking analyst, who asked not to be named because of the sensitivity of the matter.

    The fallout from this case could be seismic. Regulators may be forced to tighten oversight on property valuers and re-examine how commercial banks validate collateral. Meanwhile, Lloyd Masika’s directors are preparing for what could become a forensic unmasking of their corporate operations, as the possibility of the court lifting the corporate veil looms large.

    For now, both corporate giants — one in real estate, the other in banking — find themselves on trial in the court of public opinion.

    Lloyd Masika faces questions about professional integrity, while Stanbic Bank must answer how such a massive valuation scandal slipped through its systems. The Machakos valuation fiasco has not only dented reputations but also reopened debate on the fragile trust underpinning Kenya’s property and financial markets.

    The courtroom lights are still on, the files are open, and the reckoning has just begun.

  • Lloyd Masika Ltd Fined Sh40M Over Fake Valuation Report

    Lloyd Masika Ltd Fined Sh40M Over Fake Valuation Report

    The once highly respected property management firm Lloyd Masika Limited has been caught flat-footed after it emerged that the company may have colluded with a client to give a fake valuation report that enabled the client to secure a loan with Stanbic Bank Ltd.

    According to available information, Stanbic Bank had instructed Lloyd Masika Ltd. to value the property Machakos/Ndalani Phase II/461, 462, and 465 for the purposes of deciding on whether to advance loan facilities to a borrower. Lloyd Masika carried out the valuation of the said property and prepared a valuation report, which was then used by the bank to advance a Ksh. 40 million loans to a borrower who later defaulted.

    The bank later sought a re-valuation of the suit property and discovered that it was valued less than that indicated by Lloyd Masika Ltd. The bank was aggrieved by the loss occasioned due to the fact that it advanced a loan facility on the basis of Lloyd Masika’s report. Llyod Masika’s report indicated that the property had an open market value of Ksh.87 million and a forced sale value of Kshs.56.5 million.

    However, the re-evaluation assigned the same property a lower open market value of Ksh. 17 million and a forced sale value of Ksh. 13.125 million. The dispute was referred to arbitration, and the arbitrator made some material orders. A declaration that the applicant (Lloyd Masika) was wholly negligent in submitting false valuation reports and is liable to meet the direct loss of Ksh.40 million suffered by the respondent (Stanbic Bank), who relied entirely on the valuation reports when lending out money to its customer.

    A declaration that the applicant’s valuations over the properties known as Land Reverence Numbers Machakos/Ndalani Phase 11/461, Machakos/Ndalani Phase 11/462, and Machakos

    /Ndalani Phase 11/465, are outside permissible margins of error. The applicant (Llyod Masika) is to forthwith pay the respondent (Stanbic Bank) the sum of Ksh. 44,036,555.51.

    Following the ruling, Llyod Masika approached the High Court via an application dated March 18, 2022, seeking to set aside the award. The respondent, on its part, approached the court via an application dated May 16, 2022, seeking to enforce the award. The court saw no reason to set aside the impugned award and dismissed the applicant’s application. The court found merit in the respondent’s’ application and allowed the same by ordering that the mentioned award be recognized and entered as a judgment of the court.

    The findings in the impugned judgment aggrieved the applicant, who filed a notice of appeal dated February 9, 2023. In a judgment dated February 9, 2024, by Court of Appeal Judges F. Tuiyott, Gatembu Kairu, and J. Lesiit, the judges noted, “We have considered the application before us, which is the one dated March 31, 2023, the supporting and opposing affidavits, and the rival arguments by counsel and authorities relied on. An applicant seeking an order of stay of execution, stay of proceedings, and injunction pending appeal”

    The court was reminded by the bank that the claim before the tribunal was professional negligence by a valuer. The judges in their final orders ruled, “We find therefore that even though the appeal is arguable, it will not be rendered nugatory if the stay sought is declined. In the result, the application dated March 31, 2023, is dismissed in its entirety with costs to the respondent”.