[2023] KEHC 23590 (KLR)
The court found that the applicant had complied with the directions issued in the judgment of 24th November 2022 by depositing the assessed contribution of Kshs.10,000.00 in court. As a result, the court confirmed that the conditions precedent for the cancellation of the property title and its registration in the...
Source-derived case information.
- Citation
- [2023] KEHC 23590 (KLR)
- Parties
- Applicant: LWG; Respondent: JK
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 10 of 2017
- Procedural Posture
- Civil Case / Directions After Judgment and Compliance Confirmation
- Outcome
- directions issued confirming compliance and closing the file
- Judges
- DO Chepkwony
- Legal Topics
- Property Registration, Contribution to Purchase, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LWG
Applicant
JK
Respondent
Procedural Posture
Civil Case / Directions After Judgment and Compliance Confirmation
Legal Issues
- 1 Whether the applicant has complied with the court's directions regarding deposit of the assessed contribution for property purchase.
- 2 Whether the property title should be cancelled and registered solely in the applicant's name upon compliance.
- 3 Whether the respondent is entitled to the release of the deposited contribution.
Ratio Decidendi
The court found that the applicant had complied with the directions issued in the judgment of 24th November 2022 by depositing the assessed contribution of Kshs.10,000.00 in court. As a result, the court confirmed that the conditions precedent for the cancellation of the property title and its registration in the applicant's sole name had been satisfied. The respondent, having failed to appear or contest, was entitled to the release of the deposited sum as their contribution. The court therefore ordered the release of the funds to the respondent, cancellation of the existing title, and registration of the property in the applicant's name, marking the matter as closed.
Court Disposition
directions issued confirming compliance and closing the file
Orders
- The sum of Kshs.10,000.00 deposited in court by the applicant is to be released forthwith to the respondent.
- The title of Karai/Gikambura/withheld is cancelled and the property is to be registered solely in the applicant's name.
Full Case Text
Judgment text and source record
20 paragraphs
LWG v JK (Civil Case 10 of 2017) [2023] KEHC 23590 (KLR) (1 August 2023) (Directions)
Neutral citation: [2023] KEHC 23590 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 10 of 2017
DO Chepkwony, J
August 1, 2023
Between
LWG
Applicant
and
JK
Respondent
Directions
1. This matter has come up severally for parties to confirm compliance of directions issued on 24th November, 2022 by Hon. Lady Justice M. Kasango as she then was.
2. And despite being served with the Mention Notices, the Defendant has never attended court or sent representation to explain absence, counsel for the Applicant has sought for the amount of Kshs.10,000. 00 which Hon. Justice Mary Kasango assessed as the Defendant’s contribution and directed it to deposit in court by the Applicant to be released to the Defendant and for the property to be registered in the Applicant’s name.
3. Upon listening to counsel for the Applicant, L.W.G, I have perused the court record and more particularly read through the Judgment dated delivered on 24th November, 20222. This court confirm that the Hon. Justice Mary Kasango in her disposition at Paragraph 14 of the Judgment directed:-“[14].The Judgment of this Court is as follows:-a.L. W. G. shall deposit Kshs.10,000. 00 into this court the assessed contribution of J. K. to the purchase of Karai/Gikambura/withheld.b.On that deposit being made the title of Karai/Gikambura/withheld shall be cancelled and the said property shall be registered in the sole name of L. W. G.c.At the reading of this Judgment a mention date shall be fixed when this Court shall confirm deposit of Kshs.10,000. 00 by L. W. G. as ordered in above.d.Each party shall bear their own costs of this suit.”
4. I have further perused the record and established that the Applicant, L. W. G. deposited the sum of Kshs.10,000,00 in court vide an E-Receipt No.Dep- 0002593 issued on 2nd February, 2023 at 09:46:42 and referenced 1124043269 (CTS Invoice Ref:E2CPTL7Q).
5. In the circumstances, it is confirmed that the directions issued by Hon. Justice Mary Kasango on 24th November, 2022 have been complied with by the Applicant, L.W.G. and therefore further directions issue as follows:a.He assessed contribution of J. K. in the sum of Kshs.10,000. 00 to the purchase of Karai/Gikambura/ withheld deposited in court by L.W. G. to be released to J. K., the Respondent forthwith.b.The title Karai/Gikambura/withheld is hereby cancelled and the said property to be registered in the sole name of L. W. G. the Applicant.c.This file to be marked as closed.It is so ordered.
DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 1st DAY OF AUGUST, 2023. D.O CHEPKWONYJUDGE