[2000] KEHC 204 (KLR)
The court found that the applicant is justified in maintaining the caveat on the property because the respondent has not paid the outstanding sums of KES 650,000 and KES 13,120, and there is no other security held by the applicant for these amounts. The respondent's own letter confirmed the debt, and neither he nor...
Source-derived case information.
- Citation
- [2000] KEHC 204 (KLR)
- Parties
- Applicant: Trikul Investments Limited; Respondent: Eliud Timoty Mwamunga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 1109 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Extend Caveat
- Outcome
- application allowed
- Legal Topics
- Caveats, Registration of Titles, Land Security, Refund of Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trikul Investments Limited
Applicant
Eliud Timoty Mwamunga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Extend Caveat
Legal Issues
- 1 Whether the applicant is entitled to an extension of the caveat beyond the statutory 45 days period.
- 2 Whether the unpaid sums by the respondent justify the continued registration of the caveat.
- 3 Whether the applicant has any other security for the unpaid amount.
Ratio Decidendi
The court found that the applicant is justified in maintaining the caveat on the property because the respondent has not paid the outstanding sums of KES 650,000 and KES 13,120, and there is no other security held by the applicant for these amounts. The respondent's own letter confirmed the debt, and neither he nor his advocates provided any explanation for the non-payment. Therefore, the court allowed the application to extend the caveat as prayed in the originating summons, and awarded costs to the applicant.
Court Disposition
application allowed
Orders
- The caveat lodged by the applicant is extended as prayed in prayer one of the Originating Summons filed on 16.10.2000.
- The applicant is awarded the costs of this application.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OFM KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS APPLICATION NO. (O.S.) 1109 OF 2000
IN THE MATTER OF A CAVEAT LODGED BY TRIKUL INVESTMENTS LTD.
AND
IN THE MATTER OF THE REGISTRATION OF TITLES ACT (CAP. 281) LAWS OF KENYA
BETWEEN
TRIKUL INVESTMENTS LIMTIED……………………………………….PLAINTIFF/APPLICANT
AND
ELIUD TIMOTY MWAMUNGA……………………………………..DEFENDANT/RESPONDENT
RULING
In this application the applicant is asking for an Order to extend the Caveat beyond the 45 days period specified in the Notice of the Registrar of Title dated 8th September, 2000. The application is supported by the affidavit of Singh Mangat in which he gives the facts leading to the present application. From the annextures to this affidavit there remains unpaid the sum of Shs.650,000 and a further sum of Shs.13,120 by the Defendant as a refund of the deposit which the applicant had paid.
The letter dated 4. 9.2000 by the Defendant to his lawyer. M/s GBM Kariuki & Company Advocates confirms this position. Since this letter was written there has been no explanation given by either the Defendants lawyers or the Defendant himself as to why the money has not been paid. There is no other security held by the plaintiff against this money. The Plaintiff is therefore justified in holding on the Caveat until the money is paid. The application is therefore allowed as prayed for in prayer one of the Originating Summons filed on 16. 10. 2000. The applicant will also be entitled to the costs of this application.
Dated and delivered this 19th day of October, 2000.
KASANGA MULWA
JUDGE