[2024] KEHC 4734 (KLR)

Source-derived case information.

Citation: [2024] KEHC 4734 (KLR)
Parties: Applicant: JGK; Respondent: FWK
Court: High Court
Court Station: High Court at Meru
Jurisdiction: Kenya
Case Number: Civil Case 19 of 2017
Procedural Posture: Civil Case / Directions After Judgment and Pending Application
Outcome: Directions issued; application not determined on merits pending service and responses.
Judges: TW Cherere
Legal Topics: Matrimonial Property Distribution, Cautions on Land, Service of Process, Land Charges
Source Language: en

Family and Children Land and Property Matrimonial Property Distribution Cautions on Land Service of Process Land Charges

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Summary, issues, holding and outcome

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Parties

JGK

Applicant

FWK

Respondent

Procedural Posture

Civil Case / Directions After Judgment and Pending Application

Legal Issues

1 Whether the caution registered in favour of LM and DM over LR. Kianjai/mituntu/257 should be lifted without serving them.
2 Whether the application to lift the caution can proceed without affording affected parties an opportunity to be heard.

Ratio Decidendi

The court held that since the caution and charge over the suit property are registered in favour of third parties (LM, DM, and Industrial & Commercial Credit Development Corporation), and there is no evidence that these parties have been served with the application seeking to lift the caution, it would be contrary to the principles of natural justice to proceed and make orders affecting their interests without hearing them. The court therefore directed the applicant to serve the application on all affected parties, granted timelines for responses and further affidavits, and scheduled a mention to fix a ruling date after compliance.

Court Disposition

Directions issued; application not determined on merits pending service and responses.

Orders

Plaintiff/Applicant to serve the application dated 14th December, 2023 on LM, DM, and Industrial & Commercial Credit Development Corporation within 14 days.
Upon service, LM, DM, and Industrial & Commercial Credit Development Corporation to file and serve responses within 14 days.

Full Case Text

Judgment text and source record

18 paragraphs

JGK v FWK (Civil Case 19 of 2017) [2024] KEHC 4734 (KLR) (18 April 2024) (Directions)

Neutral citation: [2024] KEHC 4734 (KLR)

Republic of Kenya

In the High Court at Meru

Civil Case 19 of 2017

TW Cherere, J

April 18, 2024

Between

JGK

Applicant

and

FWK

Respondent

Directions

1. By a judgment dated 13th July, 2023, this court determined this matrimonial cause and made a finding that LR. Kianjai/mituntu/257 is matrimonial property and directed that the same be distributed in equal shares to parties herein.

2. A green card presented in support of the application dated 14th December, 2023 reveals that the caution that Plaintiff/Applicant seeks to lift was placed in favour of LM and DM on 26th September, 2002 and a charge in favour of Industrial & Commercial Credit Development Corporation was registered on 04th October, 1996.

3. There is no evidence that this application has been served on the above-named parties and since it would not be in the interest of justice to condemn them unheard, it is hereby ordered:1. The ruling scheduled for 18th April, 2024 was set prematurely2. Plaintiff/Applicant is directed to serve the application dated 14th December, 2023 on LM, DM and Industrial & Commercial Credit Development Corporation within 14 days from today’s date3. Upon service, LM, D and Industrial & Commercial Credit Development Corporation shall have 14 days to file and serve their respective responses4. Thereafter, the Applicant shall have 3 days to file and serve any further affidavit if need be5. After the last of 3 days in order (4) above, parties will be at liberty to file and serve respective submissions if need be with each party having 3 days each6. Mention on 12th June, 2024 to take date for ruling on the application application dated 14th December, 2023

DELIVERED AT MERU THIS 18th DAY OF April 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Plaintiff/Applicant - Mr. Muthomi for John Muthomi & Co. AdvocatesFor Defendant/Respondent - Mr. Mwirigi for OMK Advocates, LLP

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