https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9340
The court found that the Applicant had shown repayment of the debt under the consent order, the Respondent had not filed any opposition despite service, and the application was therefore unopposed and merited grant of the reliefs sought.
Source-derived case information.
- Citation
- [2026] KEHC 9340 (KLR)
- Parties
- Plaintiff/respondent: Nakuru Bank Of Kenya Limited; Defendant/applicant: Joseph Kinyanjui Njenga
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case 219 of 1994
- Procedural Posture
- Civil Case / Ruling on Unopposed Notice of Motion
- Outcome
- Application allowed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Release of Title Deed After Repayment, Discharge of Charge, Unopposed Application, Consent Order Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nakuru Bank Of Kenya Limited
Plaintiff/respondent
Joseph Kinyanjui Njenga
Defendant/applicant
Procedural Posture
Civil Case / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether the Plaintiff/Respondent should be compelled to release the original title deed and discharge of charge after repayment of the debt
- 2 Whether the unopposed application should be allowed
Ratio Decidendi
The court found that the Applicant had shown repayment of the debt under the consent order, the Respondent had not filed any opposition despite service, and the application was therefore unopposed and merited grant of the reliefs sought.
Court Disposition
Application allowed
Orders
- The Plaintiff/Respondent shall release to the Defendant/Applicant the original title deed for L.R. 15165/32 (I.R. No. 55548) together with a duly executed discharge of charge.
- Costs of the application are awarded to the Plaintiff/Respondent.
Full Case Text
Judgment text and source record
1 paragraphs
Nakuru Bank of Kenya Limited v Njenga (Civil Case 219 of 1994) [2026] KEHC 9340 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 9340 (KLR) Republic of Kenya In the High Court at Nakuru Civil Case 219 of 1994 JM Nang'ea, J June 24, 2026 Between Nakuru Bank Of Kenya Limited Plaintiff and Joseph Kinyanjui Njenga Respondent Ruling 1.By Notice of Motion dated 22/9/2025, the Defendant/Applicant seeks reliefs as hereunder;1.That this Honourable court be pleased to issue an order directing the Plaintiff/Respondent to release to the Defendant/Applicant the original Title Deed for land parcel number L.R. 15165/32 (I.R. NO 55548) together with a duly executed Discharge of Charge document.2.That the case of this Application be borne by the Plaintiff/Respondent. 2.The Application is supported by affidavit evidence of the Applicant who deposes that he had fully repaid a sum he owed the Plaintiff/Respondent, following a consent order issued by the court on 3/7/2012. Despite liquidating the debt, the Applicant laments that the Respondent has declined to release title No. L.R. 15165/32 (I.R NO. 55548) charged to the Respondent to secure a facility advanced to him. The Respondent is also said to have failed to release to the Applicant a duly executed Discharge of Charge over the property. 3.Despite evidence of Service of the application upon the Respondent, no reply has been put in. The Application is thus deemed as unopposed. 4.The Application is granted as prayed. J. M. NANG’EA, JUDGE.JUDGMENT, DATED, SIGNED AND DELIVERED VIRTUALLY THIS 24TH DAY OF JUNE, 2026.In the presence of:Ms Wangui Advocate for Mr. Karanja Advocate for the Defendant/ApplicantRespondent, AbsentCourt Assistant (Jeniffer).J. M. NANG’EA, JUDGE.