Zephr Holdings Limited v Labule Okello Lutwa [2013] KEHC 1550 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL CASE NO. 395 OF 2012

ZEPHR HOLDINGS LIMITED……………………………….… PLAINTIFF/APPLICANT

VERSUS

LABULE OKELLO LUTWA ………………………………. DEFENDANT/RESPONDENT

R U L I N G

The application dated 30/5/2013 seeks the following orders:-

THAT the sale of LR. No. 209/8000/136 situated inNairobibyGeorge Gitongatrading asFantasy Auctioneerson 4th May 2013 toJohn Chege KaranjaofP.O. Box 3072 NAIROBIbe confirmed and made absolute.

THAT this Honourable Court do issue a certificate specifying the property sold and the name of the person declared as the purchaser at the Public Auction.

THAT the Deputy Registrar of  the High Court do sign the transfer documents in favour ofJOHN CHEGE KARANJAin the place ofLABULE OKELLO LUTWA.

THAT Chief Land Registrar do issue ownership documents in favour ofJOHN CHEGE KARANJA.

THAT costs be in the cause.

The application is supported by the affidavit of George Gitonga sworn on 30/5/2013.  According to the said affidavit, the subject property was sold at a public auction in conformity with the terms and conditions imposed by the court.

No papers were filed in opposition to the application.  The Respondent did not attend court on the hearing date though served.  Consequently, I allow the application as prayed.

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B. THURANIRA JADEN

JUDGE

Dated and delivered at Machakos this 8thday of October2013.

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B. THURANIRA JADEN

JUDGE