[2010] KEHC 842 (KLR)
The court found that the applicant had complied with all legal requirements for the transfer of title following a public auction: the applicant was the highest bidder, paid the full purchase price, received a certificate of sale, and took possession of the property. There was no application to set aside the auction,...
Source-derived case information.
- Citation
- [2010] KEHC 842 (KLR)
- Parties
- Applicant: Midland Company Limited
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 14 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- DO Ohungo
- Legal Topics
- Vesting Orders, Public Auction Sales, Execution of Decree, Transfer of Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Midland Company Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether a vesting order should issue in favour of the applicant as purchaser of LR No. Chembe/Kibabamshe/520 following a public auction.
- 2 Whether the applicant has satisfied the legal requirements for transfer of title after a court-ordered auction.
Ratio Decidendi
The court found that the applicant had complied with all legal requirements for the transfer of title following a public auction: the applicant was the highest bidder, paid the full purchase price, received a certificate of sale, and took possession of the property. There was no application to set aside the auction, and no challenge to the applicant's entitlement. The court held that, in the absence of any legal impediment or objection, and upon satisfaction of the procedural and substantive requirements under the Civil Procedure Rules and the Registered Land Act, a vesting order should issue in favour of the applicant to perfect its title to LR No. Chembe/Kibabamshe/520. The court...
Court Disposition
application allowed
Orders
- A vesting order is issued in favour of Midland Company Limited as purchaser of LR No. Chembe/Kibabamshe/520.
- Costs of the application to be borne by the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
MISC. APPLICATION 14 OF 2010(O.S)
IN THE MATTER OF:AN APPLICATION FOR THE ISSUE OF AVESTING ORDER IN FAVOUR OF
MIDLAND COMPANY LTD PURCHASEROF L.R. NO.CHEMBE/KIBABAMSHE/520
IN THE MATTER OF:EXECUTION OF THE DECREE IN MALINDI SENIOR PRINCIPAL MAGISTRATES CIVIL
CASE NO. 353 OF 2007 – KATANA KARISA MWAMBIRE =VS=SANTUZZA MELVED BILLIOTI
AND
MIDLAND COMPANY LIMITED............................................................................................................APPLICANT
RULING
This is an application dated 28th April 2010, made by way of originating summons under section 1A, 1B and 3A of the Civil Procedure Act, Order XXI Rules 72, 81 (a) and 83 CPR and section 159 Registered Land Act. It seeks for a vesting order to issue in favour of the applicant as the purchaser of Land Parcel known as Chembe/Kibabamshe/520 sold by public auction by order of the court in Malindi SRMCC No.353 of 2007 Katana Karisa Mwambire V Santuzza Melved Billioti.
The application is supported by the affidavit sworn by Ndolokani Gona Kalama, the director of the applicant herein. He depones that on 13th January 2009, he
attended a public auction advertised and conducted by M/s Kinyua and Co. Auctioneers for the sale of LR No.Chember/Kibabamshe/520 measuring approximately 0. 3Ha. He was the highest bidder for the said property at Kshs.800,000/- as per the certificate of issue. He paid the full purchase price and was issued with a receipt whose copy is annexed.
There has been no application to set aside the auction and the applicant has already taken possession of the subject parcel of land. From the documents presented to this court, the applicant has sufficiently demonstrated that a sale took place in favour of the applicant and a certificate issued in his favour as the purchaser. I find it appropriate that a vesting order in favour of the applicant as the purchaser of land known as Chembe Kibabamshe/520 and I so order.
Costs of this application be borne by the applicant.
Delivered and dated this 14th day of September 2010 at Malindi.
H A OMONDI
JUDGE
Mr Kiarie for applicant