LWG v JK [2023] KEHC 23590 (KLR)

LWG v JK (Civil Case 10 of 2017) [2023] KEHC 23590 (KLR) (1 August 2023) (Directions)

Neutral citation: [2023] KEHC 23590 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Case 10 of 2017

DO Chepkwony, J

August 1, 2023

Between

LWG

Applicant

and

JK

Respondent

Directions

1. This matter has come up severally for parties to confirm compliance of directions issued on 24th November, 2022 by Hon. Lady Justice M. Kasango as she then was.

2. And despite being served with the Mention Notices, the Defendant has never attended court or sent representation to explain absence, counsel for the Applicant has sought for the amount of Kshs.10,000. 00 which Hon. Justice Mary Kasango assessed as the Defendant’s contribution and directed it to deposit in court by the Applicant to be released to the Defendant and for the property to be registered in the Applicant’s name.

3. Upon listening to counsel for the Applicant, L.W.G, I have perused the court record and more particularly read through the Judgment dated delivered on 24th November, 20222. This court confirm that the Hon. Justice Mary Kasango in her disposition at Paragraph 14 of the Judgment directed:-“[14].The Judgment of this Court is as follows:-a.L. W. G. shall deposit Kshs.10,000. 00 into this court the assessed contribution of J. K. to the purchase of Karai/Gikambura/withheld.b.On that deposit being made the title of Karai/Gikambura/withheld shall be cancelled and the said property shall be registered in the sole name of L. W. G.c.At the reading of this Judgment a mention date shall be fixed when this Court shall confirm deposit of Kshs.10,000. 00 by L. W. G. as ordered in above.d.Each party shall bear their own costs of this suit.”

4. I have further perused the record and established that the Applicant, L. W. G. deposited the sum of Kshs.10,000,00 in court vide an E-Receipt No.Dep- 0002593 issued on 2nd February, 2023 at 09:46:42 and referenced 1124043269 (CTS Invoice Ref:E2CPTL7Q).

5. In the circumstances, it is confirmed that the directions issued by Hon. Justice Mary Kasango on 24th November, 2022 have been complied with by the Applicant, L.W.G. and therefore further directions issue as follows:a.He assessed contribution of J. K. in the sum of Kshs.10,000. 00 to the purchase of Karai/Gikambura/ withheld deposited in court by L.W. G. to be released to J. K., the Respondent forthwith.b.The title Karai/Gikambura/withheld is hereby cancelled and the said property to be registered in the sole name of L. W. G. the Applicant.c.This file to be marked as closed.It is so ordered.

DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 1st DAY OF AUGUST, 2023. D.O CHEPKWONYJUDGE