Ndegwa v. KSSO, LLC
2012 Mo. LEXIS 112
Mo.2012Background
- Ndegwa and Mrema acquired the property at 10960 Warwickhall, Lot 253, Westhaven Plat Eight, in 1997.
- In 2004, they defaulted on a $98,000 IndyMac Bank loan secured by a deed of trust that misstated the parcel as Lot 252.
- Taxes on the property remained delinquent in 2004–2006.
- KSSO acquired a tax sale certificate in August 2007 for the delinquent taxes and related amounts.
- In February 2008, Ndegwa and Mrema transferred their interests to themselves as trustees of the Mrema family revocable trust.
- KSSO sent redemption notices to Ndegwa and Mrema on September 18, 2008, enclosing § 140.405 and explaining redemption rights.
- On January 9, 2009 the collector conveyed the deed to KSSO; KSSO recorded the deed on February 4, 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality of judgment for appealability | Ndegwa argues the judgment resolves a final issue. | KSSO argues the order divides multiple issues; not final. | No final appealable judgment; appeal dismissed. |
| Effect of Rule 74.01(b) certification | Certification created a final judicial unit for appeal. | Certification does not guarantee finality; content dictates finality. | No final unit; judgment not appealable. |
| Relation of counts and judicial unit | Counts III, IV, V etc. arise from one tax-sale transaction; finality should apply to entire claim. | Counts constitute multiple theories within same transaction; not separately final. | Judgment did not resolve a distinct judicial unit; not final. |
Key Cases Cited
- Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997) (finality rule; sua sponte review for final judgment requirement)
- Harpagon MO, LLC v. Bosch, 370 S.W.3d 579 (Mo. banc 2012) (considerations for appeal in multi-issue cases)
- Sneil, LLC v. Tybe Learning Center, Inc., 370 S.W.3d 562 (Mo. banc 2012) (analysis of finality and multi-claim judgments)