[2020] KEHC 2350 (KLR)
The court found that the applicant, acting as guardian, sought to sell the land to raise funds for the transfer of another plot and that the minor would not suffer any prejudice as a result. The court was satisfied that the sale was in the best interests of the minor and that the statutory requirements for such a...
Source-derived case information.
- Citation
- [2020] KEHC 2350 (KLR)
- Parties
- Applicant: LWK; Respondent: NMC (Minor)
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 11 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- LW Gitari
- Legal Topics
- Sale of Land by Guardian, Minor Property Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LWK
Applicant
NMC (Minor)
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be allowed to sell land parcel Baragwe/Raimu/xxxx held on behalf of herself and the minor.
- 2 Whether the sale would prejudice the interests of the minor.
Ratio Decidendi
The court found that the applicant, acting as guardian, sought to sell the land to raise funds for the transfer of another plot and that the minor would not suffer any prejudice as a result. The court was satisfied that the sale was in the best interests of the minor and that the statutory requirements for such a transaction had been met. Accordingly, the application was allowed as prayed, permitting the applicant to proceed with the sale of the land parcel in question.
Court Disposition
application allowed
Orders
- The application is allowed as prayed, permitting the applicant to sell land parcel Baragwe/Raimu/xxxx held on her own behalf and on behalf of NMC (Minor).
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
MISC. P & A NO. 11 OF 2019
IN THE MATTER OF NMC (MINOR)
RULING
1. I have considered the chamber summons dated 18/11/2019 and filed in court on the same date by LWK. It seeks orders that she be allowed to sell land parcel No. Baragwe/Raimu/xxxx held by her on her own behalf and on behalf of NMC (Minor). She has stated that she intends to raise money for the transfer of plot No. xxxx Wachoro Adjudication.
2. I have also considered the supporting affidavit sworn on 10/9/19. Since the applicant intends to buy another plot elsewhere and the minor is not likely to suffer any prejudice if the land is sold, I will allow the application. I order that the application is allowed as prayed.
Dated at Kerugoya this 29th day of May 2020.
L. W. GITARI
JUDGE