[2013] KEHC 1550 (KLR)
The court found that the sale of the subject property was conducted in accordance with the terms and conditions previously imposed by the court. There was no opposition to the application, and the respondent, though served, failed to attend or file any response. In the absence of any challenge or irregularity, the...
Source-derived case information.
- Citation
- [2013] KEHC 1550 (KLR)
- Parties
- Applicant: Zephr Holdings Limited; Respondent: Labule Okello Lutwa
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 395 of 2012
- Procedural Posture
- Civil Case / Ruling on Application for Confirmation of Sale
- Outcome
- application allowed as prayed
- Judges
- BT Jaden
- Legal Topics
- Confirmation of Sale, Public Auction, Transfer of Property, Court Orders on Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zephr Holdings Limited
Applicant
Labule Okello Lutwa
Respondent
Procedural Posture
Civil Case / Ruling on Application for Confirmation of Sale
Legal Issues
- 1 Whether the sale of LR. No. 209/8000/136 at public auction should be confirmed and made absolute.
- 2 Whether the court should issue a certificate specifying the property sold and the purchaser.
- 3 Whether the Deputy Registrar should be authorized to sign transfer documents in place of the respondent.
Ratio Decidendi
The court found that the sale of the subject property was conducted in accordance with the terms and conditions previously imposed by the court. There was no opposition to the application, and the respondent, though served, failed to attend or file any response. In the absence of any challenge or irregularity, the court exercised its discretion to confirm the sale, issue the necessary certificate, authorize the Deputy Registrar to sign the transfer documents in place of the respondent, and direct the Chief Land Registrar to issue ownership documents to the purchaser. The application was therefore allowed as prayed.
Court Disposition
application allowed as prayed
Orders
- The sale of LR. No. 209/8000/136 to John Chege Karanja is confirmed and made absolute.
- A certificate specifying the property sold and the name of the purchaser at the public auction shall issue.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL CASE NO. 395 OF 2012
ZEPHR HOLDINGS LIMITED……………………………….… PLAINTIFF/APPLICANT
VERSUS
LABULE OKELLO LUTWA ………………………………. DEFENDANT/RESPONDENT
R U L I N G
The application dated 30/5/2013 seeks the following orders:-
THAT the sale of LR. No. 209/8000/136 situated inNairobibyGeorge Gitongatrading asFantasy Auctioneerson 4th May 2013 toJohn Chege KaranjaofP.O. Box 3072 NAIROBIbe confirmed and made absolute.
THAT this Honourable Court do issue a certificate specifying the property sold and the name of the person declared as the purchaser at the Public Auction.
THAT the Deputy Registrar of the High Court do sign the transfer documents in favour ofJOHN CHEGE KARANJAin the place ofLABULE OKELLO LUTWA.
THAT Chief Land Registrar do issue ownership documents in favour ofJOHN CHEGE KARANJA.
THAT costs be in the cause.
The application is supported by the affidavit of George Gitonga sworn on 30/5/2013. According to the said affidavit, the subject property was sold at a public auction in conformity with the terms and conditions imposed by the court.
No papers were filed in opposition to the application. The Respondent did not attend court on the hearing date though served. Consequently, I allow the application as prayed.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 8thday of October2013.
………………………………………
B. THURANIRA JADEN
JUDGE