[2024] KEHC 13742 (KLR)
The court found that the respondent, despite being properly served with the application and hearing notice, failed to enter appearance or file any response. As a result, the application was deemed unopposed. The court was satisfied that the applicant had established a proper basis for the orders sought, namely the...
Source-derived case information.
- Citation
- [2024] KEHC 13742 (KLR)
- Parties
- Applicant: Winfred Wambui Mwangi; Respondent: The Director, National Transport & Safety Authority
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E050 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Chamber Summons
- Outcome
- application allowed as prayed
- Judges
- DO Chepkwony
- Legal Topics
- Vesting Orders, Motor Vehicle Transfer, Duplicate Logbook, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winfred Wambui Mwangi
Applicant
The Director, National Transport & Safety Authority
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Chamber Summons
Legal Issues
- 1 Whether the applicant is entitled to a vesting order compelling the respondent to transfer ownership of Motor Vehicle Registration No.KBU XXXX to the applicant.
- 2 Whether the applicant should be issued with a duplicate logbook for the said vehicle.
Ratio Decidendi
The court found that the respondent, despite being properly served with the application and hearing notice, failed to enter appearance or file any response. As a result, the application was deemed unopposed. The court was satisfied that the applicant had established a proper basis for the orders sought, namely the transfer of Motor Vehicle Registration No.KBU XXXX and issuance of a duplicate logbook. Accordingly, the court allowed the application as prayed, issuing a vesting order compelling the respondent to effect the transfer and provide the duplicate logbook to the applicant.
Court Disposition
application allowed as prayed
Orders
- A vesting order is issued compelling the Director, National Transport & Safety Authority (NTSA) to transfer Motor Vehicle Registration No.KBU XXXX to the applicant and to issue the applicant with a duplicate logbook for the vehicle to effectively vest ownership of the said motor vehicle to the applicant.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
Mwangi v Director, National Transport & Safety Authority (Miscellaneous Civil Application E050 of 2024) [2024] KEHC 13742 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13742 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E050 of 2024
DO Chepkwony, J
October 30, 2024
Between
Winfred Wambui Mwangi
Applicant
and
The Director, National Transport & Safety Authority
Respondent
Ruling
1. This matter is for mention for parties to take directions on the Chamber Summons application dated 13th May, 2024.
2. Upon listening to counsel for the Applicant, Mr. Thuma, it is indicated that despite having been served with the said application, the Respondents have never entered appearance or filed a response. He thus prays that the application be allowed as prayed.
3. The Chamber Summons application dated 13th May, 2024 seeks for orders that:-a.Spent.b.The court be pleased to issue a vesting order to compel the Director, National Transport & Safety Authority (NTSA) to transfer Motor Vehicle Registration No.KBU XXXX to the Applicant and to issue the Applicant with a duplicate logbook for the vehicle to effectively vest ownership of the said Motor Vehicle to the Appellant.
4. The application is premised on the grounds set out in the affidavit sworn by Winfred Wambui Mwangi on even date.
5. Despite having been served with the application and hearing Notice, the Respondent and or their counsel have not filed any response nor attended court for the same.
6. In view of this, the application is hereby deemed as unopposed. In the circumstances, the Chamber Summons application dated 13th May, 2024 be and is hereby allowed as prayed in the following terms:-a.The a vesting order be and is hereby issued compelling the Director, National Transport & Safety Authority (NTSA) to transfer Motor Vehicle Registration No.KBU XXXX to the Applicant and to issue the Applicant with a duplicate logbook for the vehicle to effectively vest ownership of the said Motor Vehicle to the Appellant.b.Costs to be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-Mr. Mwangi counsel for 2nd RespondentCourt Assistant - Martin