[2002] KEHC 237 (KLR)
The court found that the applicant had satisfied the requirements for the grant of vesting orders by presenting a valid certificate of sale and supporting affidavit. The original file from the subordinate court, including the orders delivered on 15th April 2002, confirmed the applicant's entitlement. There was no...
Source-derived case information.
- Citation
- [2002] KEHC 237 (KLR)
- Parties
- Applicant: Elliston Mwangeka Ndau; Plaintiff: John Macharia Muhuni; Defendant: Austin Own Mwanguti; Defendant: Lions Export and Import Agency Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 493 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Vesting Orders
- Outcome
- application granted
- Legal Topics
- Vesting Orders, Execution of Judgment, Transfer of Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elliston Mwangeka Ndau
Applicant
John Macharia Muhuni
Plaintiff
Austin Own Mwanguti
Defendant
Lions Export and Import Agency Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Vesting Orders
Legal Issues
- 1 Whether the applicant is entitled to vesting orders for the property known as L.R. No. 1956/502/Voi in execution of a certificate of sale.
- 2 Whether the orders of the subordinate court dated 15th April 2002 justify the granting of the application.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for the grant of vesting orders by presenting a valid certificate of sale and supporting affidavit. The original file from the subordinate court, including the orders delivered on 15th April 2002, confirmed the applicant's entitlement. There was no opposition or evidence to the contrary. Accordingly, the application was merited and granted in terms of prayers 1 and 2 of the Notice of Motion.
Court Disposition
application granted
Orders
- Application allowed in terms of prayers 1 and 2 of the Notice of Motion.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPLICATION NO.493 OF 2002
IN THE MATTER OF: AN APPLICATION BY ELLISTON
MWANGEKA NDAU FOR VESTING
ORDERS OF PROPERTY KNOWN AS
PARCEL OF LAND (L.R. NO. 1956/502/VOI
CR. NO. 15542) WITHIN THE REPUBLIC OF
KENYA IN EXECUTION OF CERTIFICATE
OF SALE ISSUED ON 15TH DAY OF APRIL
2002 AT MOMBASA.
AND
IN THE MATTER OF: MOMBASA CHIEF MAGISTRATE’S CORUT
CIVIL CASE (CMSS) NO. 10 OF 1999 JOHN
MACHARIA MUHUNI VERSUS AUSTIN
OWN MWANGUTI AND LIONS EXPORT
AND IMPORT AGENCY LIMITED.
R U L I N G
I have perused the Notice of Motion herein. I have also perused the Affidavit in support of it and the annextures. I have also seen the original file before the subordinate court and particularly the orders delivered on 15th April, 2002 by the Senior Principal Magistrate. I am satisfied that the application is merited. It is granted in terms of prayers 1 and 2. No order as to costs. Orders accordingly.
Dated and Delivered at Mombasa this 6th Day of November 2002.
J.W. ONYANGO OTIENO JUDGE