In re Tabitha Munyao Munuku [2018] KEHC 844 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI COMMERCIAL & TAX DIVISION

MISC. APPLICATION NO. 393 OF 2018

IN THE MATTER OF AN APPLICATION FOR DISCHARGE OF THE CHARGE

REGISTERED ON 11. 09. 1984 AGAINST LAND REFERENCE NO. 209/8552/535

IN FAVOUR OF KENYA FLOUR MILLS (1975) LIMITED

-AND-

IN THE MATTER OF COMPANIES ACT, 2015

-AND-

IN THE MATTER OF LAND ACT

-AND-

IN THE MATTER OF TABITHA MUNYAO MUNUKU...............APPLICANT

JUDGMENT

1. Tabitha munyao Munuku has filed this action on behalf of the Estate of her late husband Timothy Munyao Munuku (deceased).

2. Munuku (deceased) charged his property to Kenya Flour Mills [1975] Limited (the charge) for a sum of Ksh 25,000/=. The charge was registered against the title L.R. No. 209/8552/535on 11th September 1984.

3. Munuku (deceased) died on 18th August 2008. The chargee ceased to operate as a business and last filed its return in 1994. Tabitha Munuku, the widow of Munuku deceased has made various effort to contact the chargee company by mail and physically but that company has not been traced.

4. It is in those circumstances that Tabitha Munuku seeks orders for the discharge of the property.  Since the chargee company ceased to operate and it cannot be traced the orders sought are merited.

5. I grant the following orders:

a. The Charge registered on 11. 09. 1984 as entry No. 2 against the Certificate of Lease/Title in respect of Land Reference No. 209/8552/535 be  and is hereby discharged.

b. The Deputy Registrar of the Court to execute the Instruments of Discharge on behalf of Kenya Flour Mills (1975) Limited.

c. No orders as to costs.

DATED, SIGNED and DELIVERED at NAIROBI this 6th day of December, 2018.

MARY KASANGO

JUDGE

Judgment read and delivered in open court in the presence of:

Court Assistant....................Sophie

........................................... for the Applicant

MARY KASANGO

JUDGE