[2013] KEHC 4387 (KLR)
The court found that the applicant had complied fully with the terms of the court-ordered sale by public auction, having paid the full purchase price and taken possession of the property. There was no evidence of any appeal or challenge to the original order authorizing the sale, nor any opposition to the present...
Source-derived case information.
- Citation
- [2013] KEHC 4387 (KLR)
- Parties
- Applicant: Samuel Ngugi Kimani; Respondent: Nyambura Njuguna; Respondent: Francis Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Vesting Order
- Outcome
- application allowed
- Judges
- LN Gacheru
- Legal Topics
- Vesting Orders, Execution of Decrees, Public Auction Sales, Transfer of Land Titles
- 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
Samuel Ngugi Kimani
Applicant
Nyambura Njuguna
Respondent
Francis Kimani
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Vesting Order
Legal Issues
- 1 Whether the applicant is entitled to a vesting order for L.R. No. 209/2489/23 following purchase at public auction.
- 2 Whether the Deputy Registrar should be authorized to execute transfer documents for the property.
Ratio Decidendi
The court found that the applicant had complied fully with the terms of the court-ordered sale by public auction, having paid the full purchase price and taken possession of the property. There was no evidence of any appeal or challenge to the original order authorizing the sale, nor any opposition to the present application. Under Section 48 of the Civil Procedure Act, the property vested in the applicant upon completion of the sale. The court therefore held that the applicant was entitled to a vesting order and that the Deputy Registrar should be authorized to execute all necessary documents to effect the transfer of L.R. No. 209/2489/23 to the applicant.
Court Disposition
application allowed
Orders
- Samuel Ngugi Kimani is granted a vesting order for property known as L.R. No. 209/2489/23.
- The Deputy Registrar is ordered to execute all documents necessary to effect the transfer of L.R. No. 209/2489/23 to Samuel Ngugi Kimani.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Milimani Commercial Courts)
Environmental & Land Case 2 of 2012 [if gte mso 9]><xml>
800x600
</xml><![endif]
IN THE MATTER OF HCCC NO. 1648 OF 1985 NYAMBURA NJUGUNA & FRANCIS KIMANI
AND
IN THE MATTER OF THE RULING OF THE COURT THAT L.R. NO. 209/2489/23 BE SOLD BY PUBLIC AUCTION
AND
IN THE MATTER OF THE SUBSEQUENT SALE OF THE SAID PROPERTY BY PUBLIC AUCTION
AND
IN THE MATTER OF THE PURCHASE OF THE SAID PROPERTY BY SAMUEL NGUGI KIMANI
SAMUEL NGUGI KIMANI………………………………………………….APPLICANT
VERSUS
NYAMBURA NJUGUNA
FRANCIS KIMANI……………………………………………......…..RESPONDENTS
RULING
The Applicant has filed an application dated 28/8/2012 brought under Section 3A and 48 of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules seeking orders that a Vesting Order do issue in his favour in respect of all that parcel of land known as L.R. No. 209/2489/23 Nairobi and the Deputy Registrar of this Court be authorized to execute all such documents as may be necessary to effect the transfer of the said property to him.
The application is premised on the grounds and supported by an affidavit sworn by the Applicant on 28/8/2012. The Applicant deposes that on 20/4/1988 this Honorable Court ordered in Nairobi HCCC 1648 of 1985 that L.R. No. 209/2489/23 be sold by public auction. That on 20/12/1996, Regent Auctioneers sold the said property to him for Ksh. 1. 3. Million and thereafter he took possession of the property. Further that since the purchase, he has enjoyed quiet possession and enjoyment of the said property but that the property has not been transferred it into his name.
In support of his application the Applicant annexed the ruling of his Court (Mbaluto J.) dated 20/4/1998, 2 receipts evidencing payment of the purchase price, a certificate of sale, and an extract of the Court Registry register showing the contents of the Court file (HCCC 1648 of 1985).
48. Where immovable property is sold in execution of a decree and the sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
I have perused the ruling made by this Court (Mbaluto J.) which was to the effect that the Plaintiff and Defendants would have an equal opportunity to bid for and purchase the suit property when after the net sale proceeds would divided equally between the Plaintiff of the one part and the Defendants jointly of the other part. From the documents annexed by the Applicant herein, it is clear that he placed the highest bid at Kshs. 1. 3 Million, and that he paid Kshs. 325,000/- being 25% of the bid on 20/12/1996 wherein he was issued with a receipt and a memorandum by the auctioneer. The Applicant subsequently paid the balance of Kshs. 975,000/- when after he was issued with a receipt dated 6/1/1997 and a Certificate of Sale. The Applicant further avers to have taken possession of the suit property immediately after the payment of the bid and has enjoyed quiet possession since then.
There is no indication that the Respondents herein appealed against the ruling of the Court delivered on 20/4/1998 and as such, the orders made therein still remain in force.
Accordingly, I issue the following orders:
1. That Samuel Ngugi Kimani be and is hereby granted a vesting order for property known as L.R. No. 209/2489/23.
2. The Deputy Registrar be and is hereby ordered to execute all such documents that is necessary to effect the transfer of property known as L.R. No. 209/2489/23 to Samuel Ngugi Kimani.
Dated, Signed and Delivered this 8th day of April2013
L.N. GACHERU
JUDGE
In the Presence of:-
………………………………………For the Applicant
………………………………………For the Respondents
……………………………………. Court Clerk
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
MicrosoftInternetExplorer4
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:10. 0pt;"Times New Roman","serif";} </style> <![endif]