[2024] KEELC 5720 (KLR)
The court found that the applicant, as both father and trustee of the minor, had satisfied the requirements for the grant of leave to sell and transfer the property registered in his name for himself and in trust for the minor. The application was unopposed, and the court was satisfied that the orders sought were in...
Source-derived case information.
- Citation
- [2024] KEELC 5720 (KLR)
- Parties
- Applicant: IMW
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E120 of 2024
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed as prayed
- Judges
- LN Mbugua
- Legal Topics
- Trustee Powers, Minor Property Sale, Land Transfer, Guardianship, Property Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
IMW
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant, as father and trustee, should be permitted to sell and transfer property registered in trust for a minor.
- 2 Whether the applicant should be allowed to execute all necessary documents for the sale and transfer of the property as guardian and trustee.
- 3 Whether leave should be granted to the Land Registrar to register the transfer of the property.
Ratio Decidendi
The court found that the applicant, as both father and trustee of the minor, had satisfied the requirements for the grant of leave to sell and transfer the property registered in his name for himself and in trust for the minor. The application was unopposed, and the court was satisfied that the orders sought were in the best interests of the minor. The court therefore granted the applicant authority to sell and transfer the property, execute all necessary documents as guardian and trustee, and directed the Land Registrar to register the transfer accordingly.
Court Disposition
application allowed as prayed
Orders
- The applicant is allowed to sell the property known as House Number G6-6 erected on L.R No. 12422/23, I.R No. 111038/1 registered in his name for himself and in trust of the minor.
- The applicant is allowed to transfer the property known as House Number G6-6 erected on L.R. No. 12422/23, I.R. No. 111038/1 to a third party.
Full Case Text
Judgment text and source record
11 paragraphs
In re IMW Applying as the Father and Trustee to DW (Minor) (Environment & Land Miscellaneous Case E120 of 2024) [2024] KEELC 5720 (KLR) (29 July 2024) (Judgment)
Neutral citation: [2024] KEELC 5720 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Miscellaneous Case E120 of 2024
LN Mbugua, J
July 29, 2024
Judgment
1. Judgment is hereby entered as prayed in the application dated 5. 7.2024 as follows;
i.That the Applicant is hereby allowed to sell the property known as House Number G6-6 erected on L.R No. 12422/23, I.R No. 111038/1 which is registered in his name for himself and in Trust of the Minor.ii.That the Applicant is allowed to transfer the property known as House Number G6-6 erected on L.R. No. 12422/23, I.R. No. 111038/1 to a third party.iii.That the applicant is allowed to execute as the guardian and trustee of the minor all documents necessary for the successful sale and transfer of property known as House Number G6-6 erected on L.R No. 12422/23, I.R No. 111038/1 to a third party.iv.That leave is hereby granted to the Nairobi Land Registrar to register the transfer of the property known as House Number G6-6 erected on L.R No. 12422/23, I.R No. 111038/1. v.That cost shall be in the cause.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kirimi for ApplicantCourt assistant: Eddel