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ELCAllowedNot stated in the judgment· [2017] KEELC 3394 (KLR)

P .G Waweru & anothjer v Esther Wambui Waithaka [2017] KEELC 3394 (KLR)

Environment and Land Court (case filed in the City Court; decree in favour of Nairobi City County)
20 March 2017
EOE. O. Obaga
350 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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Esther Wambui Waithaka, the registered owner of LR No. Nairobi Block 115/30, was in arrears of rates to the Nairobi City County, which sued her and obtained a decree. In execution, the suit land was sold in a public auction held on 18th June 2015 and purchased by Lucy Wairimu Kabare. The auctioneer thereafter filed an application under Order 22 Rule 79 of the Civil Procedure Rules seeking issuance of a certificate in favour of the purchaser. The application was served on the judgement debtor by advertisement in the Standard Newspaper; no response was filed. The court found there was evidence of payment of Kshs.600,000/= to the auctioneer and that a certificate of sale showed Lucy Wairimu Kabare as the purchaser. The court further found no evidence that the judgement debtor or any affected person had applied to set aside the sale under Order 22 Rules 74 and 75, and held that by dint of Rule 77(1) the sale had become absolute and the purchaser was entitled to move the court for a certificate under Rule 79. The court ordered confirmation of the sale to Lucy Wairimu Kabare, issued a certificate in respect of LR No. Nairobi Block 115/30, and ordered the judgement debtor to pay the costs of the application.

Key legal issues

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Entitlement to a certificate of sale under Order 22 Rule 79

Holding

The court confirmed the sale and issued a certificate to the purchaser, there being no application to set aside the sale and evidence of payment of Kshs.600,000/= to the auctioneer.

Reasoning

The suit land was sold in a public auction held on 18th June 2015 pursuant to a decree obtained by the Nairobi City County against the judgement debtor. There was evidence of payment of Kshs.600,000/= to the auctioneer and a certificate of sale showing Lucy Wairimu Kabare as purchaser. No evidence existed that the judgement debtor or any affected person applied to court to set aside the sale under Order 22 Rules 74 and 75, so under Rule 77(1) the sale became absolute and the purchaser was entitled to a certificate under Rule 79.

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Legal principles established

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  • Where no application is made to set aside a sale in execution, the sale becomes absolute and the purchaser is entitled to a certificate under Order 22 Rule 79.

Court orders

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  1. 1.An order confirming the sale of the suit land to Lucy Wairimu Kabare
  2. 2.A certificate issued to Lucy Wairimu Kabare in respect of LR No. Nairobi Block 115/30
  3. 3.Costs of the application to be paid by the judgement debtor

Authorities

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Legislation

  • Civil Procedure RulesOrder 22 Rule 79
  • Civil Procedure RulesOrder 22 Rule 74
  • Civil Procedure RulesOrder 22 Rule 75
  • Civil Procedure RulesRule 77(1)
Jurisdiction invoked
Order 22 Rule 79 of the Civil Procedure Rules (application for certificate of sale following public auction in execution of a decree)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "P .G Waweru & anothjer v Esther Wambui Waithaka [2017] KEELC 3394 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3394/eng@2017-03-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.