Onyango v Director, National Transport & Safety Authority [2024] KEHC 13968 (KLR)

Onyango v Director, National Transport & Safety Authority (Miscellaneous Civil Application E049 of 2024) [2024] KEHC 13968 (KLR) (29 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13968 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Civil Application E049 of 2024

DO Chepkwony, J

October 29, 2024

Between

Syrus Otieno Onyango

Applicant

and

Director, National Transport & Safety Authority

Respondent

Ruling

1. This matter is for mention for parties to take directions on the Chamber Summons application dated 13th May, 2024.

2. Upon listening to counsel for the Applicant, Mr. Thuma, it is indicated that despite having been served with the said application, the Respondents have never entered appearance or filed a response. He thus prays that the application be allowed as prayed.

3. The Chamber Summons application dated 13th May, 2024 seeks for orders that:-a.Spent.b.The court be pleased to issue a vesting order to compel the Director, National Transport & Safety Authority (NTSA) to transfer Motor Vehicles Registration No.KCB 526D AND KCG 124B to the Applicant and to issue the Applicant with a duplicate logbook for each vehicle to effectively vest ownership of the said Motor Vehicles to the Appellant.

4. The application is premised on the grounds set out in the affidavit sworn by Winfred Wambui Mwangi on even date.

5. Despite having been served with the application and hearing Notice, the Respondent and or their counsel have not filed any response nor attended court for the same.

6. In view of this, the application is hereby deemed as unopposed. In the circumstances, the Chamber Summons application dated 13th May, 2024 be and is hereby allowed as prayed in the following terms:-a.The a vesting order be and is hereby issued compelling the Director, National Transport & Safety Authority (NTSA) to transfer Motor Vehicles Registration No.KCB 526D AND KCG 124B to the Applicant and to issue theb.Applicant with a duplicate logbook for each vehicle to effectively vest ownership of the said Motor Vehicles to the Appellant.c.Costs to be in the cause.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF …OCTOBER….__, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-Mr. Mwangi counsel for 2nd RespondentCourt Assistant - Martin