[2025] KEHC 10190 (KLR)

Parties

Procedural Posture

Miscellaneous Application / Ruling on Application for Discharge of Charge and Release of Title Deed

Legal Issues

1. 1 Whether the respondent is obligated to discharge the charge registered on LR Eldoret Municipality Block 5/42 after issuance of a rectified certificate of confirmation of grant.
2. 2 Whether the applicant, as administrator, is entitled to the release of the title deed for the benefit of the estate beneficiaries.
3. 3 Whether the respondent's continued retention of the title deed is justified after compliance by the applicant.

Ratio Decidendi

The court found that the applicant, as administrator of the estate, had complied with all requirements for the discharge of the charge on LR Eldoret Municipality Block 5/42, including provision of a rectified certificate of confirmation of grant and responding to the respondent's requests. The respondent failed to provide any valid reason for withholding the discharge and release of the title deed. The court held that the continued retention of the title deed by the respondent was unjustified and impeded the beneficiaries' enjoyment of their rights under the confirmed grant. Accordingly, the court ordered the respondent to show cause within 21 days why the title deed had not been...

Court Disposition

Application allowed. Respondent to show cause within 21 days or release title deed.

Orders

• The branch manager of HFC Limited is ordered to show cause within 21 days why the title deed for LR Eldoret Municipality Block 5/42 has not been discharged in accordance with the Land Act, 2012.
• In the alternative, HFC Limited shall release the title deed to the applicant within the same period.