[2021] KEELC 336 (KLR)
The court found that the application for enforcement of the decree regarding subdivision and transfer of land parcel KARINGANI/NDAGANI/4758 had been compromised by consent of the parties. Both sides, through their advocates, agreed that the respondents/plaintiffs would be granted 30 days to execute all relevant...
Source-derived case information.
- Citation
- [2021] KEELC 336 (KLR)
- Parties
- Plaintiff: Agnes Muthoni Nyaga; Defendant: Alice C. Alexander
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 62 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Post Judgment Enforcement Application
- Outcome
- Application marked as compromised by consent; respondents granted 30 days to execute transfer documents.
- Legal Topics
- Land Subdivision, Execution of Decree, Transfer of Land Title, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Muthoni Nyaga
Plaintiff
Alice C. Alexander
Defendant
Procedural Posture
Environment and Land Case / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should enforce execution of the decree for subdivision and transfer of land parcel KARINGANI/NDAGANI/4758 as previously ordered.
- 2 Whether the respondents/plaintiffs should be compelled to execute all relevant documents and instruments of transfer within a specified period.
- 3 Whether the application is compromised by consent of the parties.
Ratio Decidendi
The court found that the application for enforcement of the decree regarding subdivision and transfer of land parcel KARINGANI/NDAGANI/4758 had been compromised by consent of the parties. Both sides, through their advocates, agreed that the respondents/plaintiffs would be granted 30 days to execute all relevant documents and instruments of transfer in respect of the suit property and its subdivisions. The court adopted this consent as its order, marking the application as compromised and setting a mention date to confirm compliance. The court's decision was grounded on the principle that consent orders are binding and that the court has the authority to enforce its own decrees, especially...
Court Disposition
Application marked as compromised by consent; respondents granted 30 days to execute transfer documents.
Orders
- The application dated 29th November, 2021 is marked as compromised by consent of the parties.
- The consent of the parties is adopted as an order of the court.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ENVIRONMENT AND LAND CASE NO. 62 OF 2017
FORMERLY MERU ENVIRONMENT AND LAND CASE NO. 104 OF 2015
AGNES MUTHONI NYAGA...PLAINTIFF/RESPONDENT & OTHERS
VERSUS
ALICE C. ALEXANDER..........DEFENDANT/APPLICANT & OTHERS
RULING
1. By a Notice of Motion dated 29th November, 2021, the Defendants/Applicants moved the court seeking for orders:
1. That this honourable court be pleased to order the Deputy Registrar Chuka Law Courts to execute all documents and instruments of transfer of land KARINGANI/NDAGANI/4758 & all subdivisions to get a quarter of an acre on behalf of the applicants and a title deed be issued to the applicants.
2. That the District Surveyor Maara Sub County be ordered and or directed to carry the survey works for subdivision of land parcel KARINGANI/NDAGANI/4758.
3. That the O.C.S. Chuka Police Station do provide security during the exercise and be served with these orders for compliance.
4. That costs of this application be provided for.
2. The application is supported by the affidavit of PETER MURIMI sworn on 29th November, 2021 and is premised on the grounds:
a. That the instant cause was finalized and a decree was issued by this honourable court.
b. That the 5th Respondent was ordered to subdivide land parcel KARINGANI/NDAGANI/4758 into seven portions, a re-survey to be done and the same be transferred to all the Respondents and applicants and in equal shares.
c. That the costs of the survey to be met by all the parties.
d. That the resurvey was to be done in such a way that the applicants would not be displaced by the new survey process that is for them to remain in their respective portions that had been sold to them.
e. That further the applicants portions to be registered in their names.
f. That the 1st – 4th Respondents later brought in an application requesting that the 5th – 7th Respondents & the applicants be committed to civil Jail for a period of 2 years for they had disobeyed court orders.
g. That the applicants filed a Replying Affidavit denying all of the averments brought forth by the Respondents.
h. That the parties then were advised to enter into a consent considering the fact that the Respondents had even failed to comply with the decree of this honourable court.
i. That a consent was recorded as an order of the court ordering that the 5th Respondent do a re-survey on her parcel of land, putting into consideration the development of the applicants.
j. That the 5th Respondent and others have intentionally refused to effect the court orders as per the duty bestowed upon them by this honourable court.
3. In the supporting affidavit, the Applicants have attached a copy of the decree, a copy of application dated 1st March, 2021 and a copy of Ruling delivered on 7th June, 2021.
4. The application was served upon the Respondents who never filed any response. When the matter came up for hearing on 15th December, 2021, Ms. Kijaru advocate for the Applicants informed the court that they received a letter from the advocates for the Respondents requesting that the Respondents be granted a period of 30 days to execute the relevant documents to facilitate the implementation of the orders of court made on 13th August, 2018. Mr. Gachuki advocate who held brief for Mr. Kiogora Arithi advocate for the Respondents confirmed that the Respondents had requested for 30 days to enable them execute the relevant documents. Pursuant to this, the application was therefore compromised, and by consent the Respondents were granted 30 days to execute all the relevant documents and instruments in respect of the suit parcel KARINGANI/NDAGANI/4758 and all subdivisions thereto.
5. It is clear therefore that the application dated 29th November, 2021 has been compromised by the parties in the terms stated by their respective advocates. Accordingly, the application dated 29th November, 2021 is hereby marked as compromised. The consent of the parties is hereby adopted as an order of this court. The Respondents/Plaintiffs are hereby granted 30 days to execute all the relevant documents and instruments of transfer in respect of land parcel KARINGANI/NDAGANI/4758 and all the subdivisions arising therefrom.
6. Mention on 1st February, 2022 to confirm compliance.
7. It is so ordered.
DELIVERED IN OPEN COURT AT CHUKA THIS 15TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
CA: Ndegwa
Ms. Kijaru for Applicants
Mr. Gichuki h/b for Kiogora Arithi for the Respondents.
C. K. YANO,
JUDGE