[2023] KEELC 18461 (KLR)
The court found that the applicant had provided sufficient documentary evidence showing that the property was acquired and registered in his name and in trust for the minor. The court was satisfied that the intended sale and application of proceeds would benefit both the applicant and the minor, particularly in...
Source-derived case information.
- Citation
- [2023] KEELC 18461 (KLR)
- Parties
- Applicant: Darius Omai Obegi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E137 of 2023
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application partly allowed.
- Judges
- LN Mbugua
- Legal Topics
- Trust Property, Sale of Land, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Darius Omai Obegi
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant should be permitted by the court to sell the property registered in his name and in trust for the minor.
- 2 Whether the proceeds of sale can be applied for the benefit of both the applicant and the minor, including school fees and upkeep.
- 3 Whether the costs of the application and sale should be realized from the sale proceeds.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence showing that the property was acquired and registered in his name and in trust for the minor. The court was satisfied that the intended sale and application of proceeds would benefit both the applicant and the minor, particularly in relation to the minor's school fees and general wellbeing. The court therefore granted the applicant permission to sell the property and to apply the proceeds as proposed, but declined to grant costs due to the ex parte nature of the proceedings.
Court Disposition
Application partly allowed.
Orders
- The applicant is permitted and given consent by the court to sell the property Title No Nairobi/Block 148/860 (formerly LR No 1160/1147).
- The applicant shall apply the sale proceeds by reinvesting the same for his benefit as well as for the minor’s benefit and to cater for the minor’s school fees and general wellbeing and upkeep.
Full Case Text
Judgment text and source record
16 paragraphs
In re Darius Omai Obegi (Environment & Land Miscellaneous Case E137 of 2023) [2023] KEELC 18461 (KLR) (15 June 2023) (Judgment)
Neutral citation: [2023] KEELC 18461 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Miscellaneous Case E137 of 2023
LN Mbugua, J
June 15, 2023
In the matter of
Darius Omai Obegi
Applicant
Judgment
1. This miscellaneous suit was filed by way of ex parte Originating Summons dated May 29, 2023. The Applicant is seeking the following orders:i.That the Applicant be and is hereby permitted and given consent by this honorable Court to sell the property Title No Nairobi/Block 148/860 (formerly LR No 1160/1147);ii.That the Applicant shall apply the sale proceeds thereof by re-investing the same for his benefit as well as for the Minor’s benefit and to cater for the Minor’s school fees and his general wellbeing and upkeep; andiii.That the costs of and incidental to the sale and the costs of and incidental to this application be realized from the proceeds of the sale thereof;
2. The suit is premised on the grounds on the face of the application and the Supporting Affidavit of the applicant. He avers that he acquired the suit property on August 17, 2016 as an investment for himself and the minor, hence the registration of the property in his name and the name of the minor.
3. The applicant contends that he intends to use the proceeds of sale by re-investing the same for his own benefit and for the benefit of the minor.
4. I have considered the pleadings and the issues raised herein. I find that the applicant has availed documents which gives an account of how the land came to be registered in his name and in trust for the minor. In particular, this court has given due consideration to the Transfer Documents dated July 25, 2016 which is consistent with sale agreement dated July 12, 2016 and the particulars of registration captured in the title as entry No 2 and 3. In the circumstances, the suit is allowed in terms of prayer No 1, 2. Prayer 3 is disallowed as these are exparte proceedings. Thus on costs, I grant No Orders.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF JUNE, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ondiek for ApplicantCourt Assistant: PhilisAMENDED AND SIGNED AT NAIROBI THIS 5TH DAY OF JULY 2023LUCY N. MBUGUAJUDGE