SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

SAMUEL NGUGI KIMANI v NYAMBURA NJUGUNA FRANCIS KIMANI [2013] KEELC 158 (KLR)

[2013] KEELC 158 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
158
Citation
[2013] KEELC 158 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplication for Vesting OrderCoramL.N. GACHERU
Holding

The applicant is granted a vesting order for the property L.R. No. 209/2489/23 and the Deputy Registrar is ordered to execute all necessary documents to transfer the property to the applicant.

Facts

The court ordered the property L.R. No. 209/2489/23 to be sold by public auction in 1988. In 1996, Regent Auctioneers sold the property to the applicant for Ksh. 1.3 million. The applicant took possession of the property and has enjoyed quiet possession since then.

Issues

  1. Whether the applicant has the right to a vesting order for the property L.R. No. 209/2489/23
  2. Whether the applicant has paid the full purchase price and received the property

Reasoning

The court ruled that the applicant placed the highest bid and paid the full purchase price, thus the property should be deemed to have vested in the applicant from the time of sale.

Outcome

Granted

Orders

  • That Samuel Ngugi Kimani be and is hereby granted a vesting order for property known as L.R. No. 209/2489/23.
  • 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.

Remedies

  • Vesting Order

Authorities cited

Legislation (1)
  • Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case