O'Kieffe v. Legacy Home LLC.

• Court: Superior Court of Delaware
• Decided: December 23, 2025
• Docket: K23C-06-016 RLG
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

LARRY O’KEIFFE and ANGELA ) MENZIES, ) ) Plaintiffs, ) C.A. No.: K23C-06-016 RLG v. ) ) LEGACY HOME LLC., and LOVE ) MBUNTCHA, ) ) Defendants. )

ORDER

Submitted: October 1, 2025 Decided: December 23, 2025

Plaintiffs Larry O’Keiffe and Angela Menzies (“Plaintiffs”) obtained an entry

of default judgment against Defendants Legacy Home LLC. (“Legacy”) and Love

Mbuntcha (“Defendants”) on June 27, 2025. The Court subsequently held an

inquisition hearing on September 30, 2025 to determine the amount of damages.

Plaintiffs and Plaintiffs’ counsel were present at the hearing. No appearance was

made by Defendants.

I. Legal Standard

“After a default judgment is ordered, an inquisition hearing is held to

determine damages.”1 “The Court’s findings on damages are based on a

preponderance of the evidence,” meaning “the side on which the greater weight of

1 Patton v. Yancey, 2014 WL 4674600, at *1 (Del. Super. Sept. 22, 2014). 1 the evidence is found.”2 “[T]he sole focus of inquisition hearings is the amount of

damages owed to the plaintiff, which is determined by the . . . judge.”3

II. Court’s Determination of Damages

The Court heard the testimony of Ms. Menzies and reviewed evidence

submitted by Plaintiffs’ counsel at the inquisition hearing and in supplemental

filings. Based upon that evidence, it appears to the Court that Plaintiffs are entitled

to $107,500 in damages for Defendants’ failure to repay a loan Plaintiffs contracted

with Defendants for renovations on real property, as well as attorney’s fees.4 This

total award is further outlined below.

A. Outstanding Loan Payment

The Court finds by a preponderance of the evidence that Defendants owe

Plaintiffs $105,000 for outstanding payments on a loan. Ms. Menzies testified that,

in August 2021, Plaintiffs loaned Defendants $105,000 to complete renovations on

real property located at 40 Maple Road in Dover (the “Property”).5 Plaintiffs

submitted into evidence a “Promissory Note” (the “Note”), signed by Ms. Mbuntcha

2 Jagger v. Schiavello, 93 A.3d 656, 659 (Del. Super. June 5, 2014) (citation omitted). 3 Id. 4 The Court awards Plaintiffs the full amount of the Note and attorney’s fees, with full credit to Defendants for any payments made to date. Payments to date appear to total $3,200. 5 Inquisition Hearing Audio Recording at 1:14, O’Keiffe and Menzies v. Legacy Home LLC and Mbuntcha, No. K23C-06-016 RLG, Court Recording Playback - For The Record (Sept. 30, 2025).

2 on August 26, 2021 as “sole member” of Legacy.6 According to the terms of that

Note, Defendants agreed to repay Plaintiffs the sum of $105,000, plus 25 percent

interest, in full upon closing of the sale of the Property.7 Ms. Menzies further

testified she provided Ms. Mbuntcha an additional loan for $9,800 a few months

later, which Plaintiffs expected to be repaid with the original loan when the Property

sold.8 The parties, however, did not execute a promissory note or any other contract

for the additional $9,800.9

Although Ms. Mbuntcha repeatedly told Ms. Menzies the Property had not

sold, Plaintiffs later discovered the Property, in fact, sold in April 2022.10 Plaintiffs

submitted into evidence a “Deed,” signed by Ms. Mbuntcha as “Managing Member”

of “Little River Landing, LLC.”11 That document outlined the Property was sold for

$475,000 by Ms. Mbuntcha, acting on behalf of Little River Landing LLC, on April

1, 2022.12

6 Pls.’ Ex. 1 (Aug. 26, 2021). 7 Id. at ¶¶ 1-2. 8 Inquisition Hearing Audio Recording at 1:19, O’Keiffe and Menzies v. Legacy Home LLC and Mbuntcha, No. K23C-06-016 RLG, Court Recording Playback - For The Record (Sept. 30, 2025). 9 Id. 10 Id. 11 Pls.’ Ex. 3. 12 Id.

3 Plaintiffs submitted into evidence a letter from Plaintiffs’ counsel to Ms.

Mbuntcha requesting repayment of the outstanding loan amount.13 That letter

outlined Defendants’ failure to pay the $114,800 owed to Plaintiffs – the total for the

original $105,000 loan plus the additional $9,800.14 Despite multiple requests by

Ms. Menzies – and Ms. Mbuntcha’s repeated promises to repay the debt – Plaintiffs

received no payments from Defendants from March 2020 through April 2025.15

Defendants made a payment of $500 to Plaintiffs in May 2025.16 As of the

date of the inquisition hearing, Defendants repaid a total of $3,200.17 Defendants

have not participated in this litigation at any point. Therefore, Plaintiffs’ entitlement

to the full amount of the Note stands unrebutted. While the Court finds Ms. Menzies

credible, Plaintiffs provided no documentary evidence to support Plaintiffs’

additional claim of $9,800.

13 Pls.’ Ex. 4 (Mar 2, 2023). 14 Id.

Inquisition Hearing Audio Recording at 1:25, O’Keiffe and Menzies v. Legacy Home LLC and 15

Mbuntcha, No. K23C-06-016 RLG, Court Recording Playback - For The Record (Sept. 30, 2025). 16 Id. at 1:28. 17 Id. 4 B. Attorney’s Fees

Additionally, the Court finds an award of attorney’s fees in the amount of

$2,500 appropriate. The record reflects that Defendants failed to repay the full

amount of the loan Plaintiffs provided at the closing of the sale of the Property, as

agreed by the parties – and specifically permitted by the Note.18 Further, according

to Ms. Menzies’s testimony, Ms. Mbuntcha repeatedly misrepresented the truth

regarding the sale of the Property to Plaintiffs and repaid Plaintiffs a mere $3,200.19

Even if attorney’s fees were not expressly permitted by the Note, this Court

may award attorney’s fees if the bad faith conduct of a party increases the cost of the

litigation. Defendants have not participated in these proceedings. As such, the

unrebutted testimony reveals non-payment of an outstanding debt against the

backdrop of misrepresentation. Reasonable attorney’s fees are appropriate and

warranted.

III. Conclusion

Defendants are ordered to pay Plaintiffs total damages in the amount of

$107,500, as well as interest accruing at the rate outlined by the Note.

18 Id. at 1:28. 19 Id. at 1:19 and 1:28. 5 IT IS SO ORDERED.

RLG/ds File & ServeXpress OC: Prothonotary