Schellekens & 2 others v Putte (Enviromental and Land Originating Summons E007 of 2024) [2025] KEELC 3023 (KLR) (27 March 2025) (Ruling)

Summary at a glance

Facts

Marina Schellekens, Michel Van Den Putte, and Saarje Van Den Putte jointly purchased a bungalow and developed it as tenants in common. Their relationship has broken down, leading to difficulties in managing the property.

Issues

• Whether the plaintiffs are entitled to the orders sought
• Who shall bear the costs of the applications

Reasoning

The relationship between the plaintiffs and defendant is no longer cordial, and they cannot agree on the terms and conditions of the sale. The property is not capable of being partitioned, and the only available option is for the property to be sold.

Outcome

The plaintiffs' application is granted.

Orders

• Valuation of the suit property to be carried out by a reputable valuer within 7 days
• Proceeds of the sale to be shared equally between the plaintiffs and the defendant
• The Deputy Registrar to be at liberty to execute any document necessary to facilitate the sale of the property and the distribution of the proceeds

Remedies

• Sale of the suit property upon a valuation by a professional valuer
• Proceeds of the sale to be shared equally between the plaintiffs and the defendant

Authorities cited