In re F R & F R Holding [2017] KEHC 9065 (KLR) | Trust Property Sale | Esheria

In re F R & F R Holding [2017] KEHC 9065 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

MISC. APPLICATION NO. 71 OF 2017

IN THE MATTER OF F R AND F R HOLDING L.R. NO. XXX/XX MOKOYETI ROAD KAREN NAIROBI, IN TRUST OF H K R

AND

CURRENTLY IN THE MATER OF CONSENT OF COURT TO ALLOW F R HOLDING LR NO. XXXX/XX MOKOYETI KAREN, NAIROBI

TO SELL THE PROPERTY TO J K

FOR PURPOSES OF REINVESTING THE PROCEEDS FOR THE BENEFIT OF THE MINOR

RULING

1. L.R. No. XXXX/XX Mokoyeti Karen Nairobi is property registered in the name of the applicant F R in trust for his son K H R and who is aged 10.  The value of the property is Kshs.42,000,000/=.  The applicant wants to sell it, because it is high maintenance, to be able to acquire another one, Town House No. 10 on L.R. No. X/XXX (Original No. X/XXX/X) which is worth Kshs.60,000,000/=.  He has shown that a ready buyer with funds is available to buy the property registered in his name for the child.

2. I will allow the application but on terms.  The applicant is allowed to sell L.R. No. XXX/XX Mokoyet Karen, Nairobi.  He shall use the proceeds to purchase Town House No. XX on L.R. No. X/XXX (Original No. X/XXX/X) which he shall register in his name to hold in trust for the minor K H R.  He will, upon the purchase of the new property, immediately deposit a copy of the title into court.  He will also deposit a copy of certificate of search.

3. The matter shall be mentioned on 18th September 2017 to confirm compliance.

DATED and DELIVERED at NAIROBI this 22ND day of JUNE 2017.

A. O. MUCHELULE

JUDGE