In re Darius Omai Obegi

In re Darius Omai Obegi (Environment & Land Miscellaneous Case E137 of 2023) [2023] KEELC 18461 (KLR) (15 June 2023) (Judgment) Neutral citation: [2023] KEELC 18461 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND MISCELLANEOUS CASE E137 OF 2023 LN MBUGUA, J JUNE 15, 2023 IN THE MATTER OF DARIUS OMAI OBEGI ............................................................................ APPLICANT JUDGMENT 1. This miscellaneous suit was led by way of ex parte Originating Summons dated May 29, 2023. The Applicant is seeking the following orders: i. That the Applicant be and is hereby permitted and given consent by this honorable Court to sell the property Title No Nairobi/Block 148/860 (formerly LR No 1160/1147); ii. That the Applicant shall apply the sale proceeds thereof by re-investing the same for his benet as well as for the Minor’s benet and to cater for the Minor’s school fees and his general wellbeing and upkeep; and iii. That the costs of and incidental to the sale and the costs of and incidental to this application be realized from the proceeds of the sale thereof; 2. The suit is premised on the grounds on the face of the application and the Supporting Adavit of the applicant. He avers that he acquired the suit property on August 17, 2016 as an investment for himself and the minor, hence the registration of the property in his name and the name of the minor. 3. The applicant contends that he intends to use the proceeds of sale by re-investing the same for his own benet and for the benet of the minor. 4. I have considered the pleadings and the issues raised herein. I nd that the applicant has availed documents which gives an account of how the land came to be registered in his name and in trust for the minor. In particular, this court has given due consideration to the Transfer Documents dated July 25, 2016 which is consistent with sale agreement dated July 12, 2016 and the particulars of registration captured in the title as entry No 2 and 3. In the circumstances, the suit is allowed in terms of prayer No 1, 2. Prayer 3 is disallowed as these are exparte proceedings. Thus on costs, I grant No Orders. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18461/eng@2023-06-15 1

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