PRIXITKUMAR MEGHJI SHAH & another v CHANDUBHAI JETHABHAI PATEL & 3 others [2009] KEHC 869 (KLR)
- Court
- High Court of Kenya
- Case number
- 869
- Citation
- [2009] KEHC 869 (KLR)
- Decided
- 29 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment granting a discharge of a chargeCoramM.K. KOOME
Holding
The plaintiffs are entitled to a Discharge of the Charge registered as Number I.R. 3323/10 against Land Reference Number 209/2081, Nairobi. The defendants are directed to execute the instruments of Discharge of Charge over the property within 30 days.
Facts
The plaintiffs' deceased father borrowed money from the defendants in 1971. The father did not obtain title documents and discharge of charge, leading to the present suit. The plaintiffs claim the discharge of the charge and costs.
Issues
- Whether the plaintiffs are entitled to a Discharge of the Charge registered as Number I.R. 3323/10 against Land Reference Number 209/2081, Nairobi
- Whether the plaintiffs are entitled to the costs of this suit
Reasoning
The court found that the plaintiffs' father had paid the loan and the discharge of charge was not obtained due to the defendants' negligence. The court granted the plaintiffs' request for a discharge of the charge and costs.
Outcome
Judgment granted
Orders
- The plaintiffs are entitled to a Discharge of the Charge registered as Number I.R. 3323/10 against Land Reference Number 209/2081, Nairobi.
- The defendants are directed to execute the instruments of Discharge of Charge over the property within 30 days.
- The plaintiffs will have the costs of this application.
Remedies
- Discharge of the Charge registered as Number I.R. 3323/10 against Land Reference Number 209/2081, Nairobi
- Costs of the application
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.
Loading judgment…