[2017] KEELC 3394 (KLR)
The court found that the sale of LR No. Nairobi Block 115/30 was conducted in accordance with the law, and that the judgment debtor or any other affected person did not apply to set aside the sale as provided under the Civil Procedure Rules. By operation of Order 22 Rule 77(1), the sale became absolute....
Source-derived case information.
- Citation
- [2017] KEELC 3394 (KLR)
- Parties
- Applicant: P. G Waweru; Plaintiff: Nairobi City County; Defendant: Esther Wambui Waithaka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 277 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Certificate of Sale After Public Auction
- Outcome
- Application allowed. Sale confirmed and certificate of sale issued to purchaser.
- Legal Topics
- Execution of Decree, Public Auction of Land, Certificate of Sale, Judgment Debtor Rights
- 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
P. G Waweru
Applicant
Nairobi City County
Plaintiff
Esther Wambui Waithaka
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Certificate of Sale After Public Auction
Legal Issues
- 1 Whether the purchaser of the suit land at public auction is entitled to a certificate of sale under Order 22 Rule 79 of the Civil Procedure Rules.
- 2 Whether the sale of the suit land has become absolute in the absence of any application to set aside the sale by the judgment debtor or affected persons.
Ratio Decidendi
The court found that the sale of LR No. Nairobi Block 115/30 was conducted in accordance with the law, and that the judgment debtor or any other affected person did not apply to set aside the sale as provided under the Civil Procedure Rules. By operation of Order 22 Rule 77(1), the sale became absolute. Consequently, the purchaser, Lucy Wairimu Kabare, was entitled to a certificate of sale under Order 22 Rule 79. The court therefore confirmed the sale and ordered the issuance of the certificate to the purchaser. Costs of the application were awarded against the judgment debtor.
Court Disposition
Application allowed. Sale confirmed and certificate of sale issued to purchaser.
Orders
- Sale of LR No. Nairobi Block 115/30 to Lucy Wairimu Kabare is confirmed.
- A certificate of sale is issued to Lucy Wairimu Kabare in respect of LR No. Nairobi Block 115/30.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN TH ENVIRONMENT & LAND COURT
AT MILIMANI
ELC MISC.APPLICATION NO. 277 OF 2015
P .G WAWERU............................................................APPLICANT
NAIROBI CITY COUNTY...............................................PLAINTIFF
=VERUS=
ESTHER WAMBUI WAITHAKA…DEFENDANT/RESPONDENT
RULING
BACKGROUND
1. Esther Wambui Waithaka is the registered owner of LR No. Nairobi Block 115/30 (suitland). The owner of the suit land was in arrears of rates. The Nairobi City County filed a suit against her and obtained a decree. The suit land was sold in a public auction held on 18th June 2015. The suit land was purchased by one Lucy Wairimu Kabare.
APPLICANT’S APPLICATION.
2. The auctioneer who sold the suit land has now filed an application under Order 22 Rule 79 of the Civil Procedure Rules seeking to have a certificate in favour of the purchaser. The application was served upon the judgement debtor through advertisement in the Standard Newspaper. There was no response to the application.
ANALYSIS
3. I have gone through the application as well as the annextures thereto. This was a case filed against the judgement debtor in the City Court. A decree in favour of the Nairobi City County was given. The suitland was sold in a public Auction held on 18th June 2015. There is evidence of payment of Kshs.600,000/= to the Auctioneer. The auctioneer has given certificate of sale which shows that the purchaser was Lucy Wairimu Kabare.
4. There is no evidence that the judgement debtor or any affected persons applied to court to set aside the sale as provided for under Order 22 Rule 74 and 75 of the Civil Procedure Rules .By dint of the provisions of rule 77(1), the sale has become absolute and the purchaser is entitled to move the court for a certificate under Rule 79.
CONCLUSION
5. I therefore make an order confirming sale of the suit land to Lucy Wairimu Kabare. A certificate is accordingly issued to Lucy Wairimu Kabare in respect of LR No. Nairobi Block 115/30. Costs of this application shall be paid by the judgement debtor.
It is so ordered.
Dated, Signed and Delivered at Nairobithis 20thday of March 2017.
E.O .OBAGA
JUDGE
In the Presence of ;-
M/s Munyua for Mr Kabaiku for the Auctioneer/Applicant
No appearance for the Plaintiff
No appearance for the Defendant/Respondent
E.O .OBAGA
JUDGE