[2020] KEELC 902 (KLR)
The court found that the orders sought by the applicant had already been granted in the judgment delivered on 20th March 2019, which declared the applicant entitled to 4 acres of land by adverse possession and directed the respondent to transfer the same, with provision for the Deputy Registrar to execute documents...
Source-derived case information.
- Citation
- [2020] KEELC 902 (KLR)
- Parties
- Applicant: Aineah Ndombi; Respondent: Simon Lukere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 518 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Execution of Transfer Order
- Outcome
- application granted
- Judges
- NA Matheka
- Legal Topics
- Adverse Possession, Transfer of Land, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aineah Ndombi
Applicant
Simon Lukere
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Execution of Transfer Order
Legal Issues
- 1 Whether the Deputy Registrar should be empowered to execute transfer documents on behalf of the respondent for 4 acres of land due to non-compliance with a prior judgment.
- 2 Whether the applicant is entitled to registration of 4 acres out of land parcel Namirama/Bunyala/526 by operation of law.
Ratio Decidendi
The court found that the orders sought by the applicant had already been granted in the judgment delivered on 20th March 2019, which declared the applicant entitled to 4 acres of land by adverse possession and directed the respondent to transfer the same, with provision for the Deputy Registrar to execute documents in default. As the respondent failed to comply and did not oppose the application, the court granted the application, reaffirming the applicant's entitlement and authorizing the Deputy Registrar to execute the necessary transfer documents. The court emphasized that the applicant is entitled to enjoy the fruits of the judgment and that the respondent's non-compliance cannot...
Court Disposition
application granted
Orders
- The Deputy Registrar is empowered to sign and execute all necessary transfer documents on behalf of Simon Lukere for the transfer of 4 acres out of land parcel Namirama/Bunyala/526 to Aineah Ndombi.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KAKAMEGA
ELC CASE NO. 518 OF 2014
AINEAH NDOMBI.........................................PLAINTIFF/APPLICANT
VERSUS
SIMON LUKERE....................................DEFENDANT/RESPONDENT
RULING
The application is dated 14th February 2020 and is brought under Section 3A of the Civil Procedure Act seeking the following orders;
1. That this honourable court be pleased to issue an order empowering the Deputy Registrar to sign/execute all the necessary transfer documents on behalf of Saimon Ikhevi Lukeri so as the applicant can acquire a portion of land measuring 4 acres out of land parcel Namirama/Bunyala/526.
2. That the cost of this application be in the cause.
It is grounded upon the affidavit of Ainea Wawire Ndombi and grounds that this honourable court made an order on the 20th day of March, 2019 that the plaintiff, Ainea Wawire Ndombi has acquired title to a portion measuring 4 acres out of land parcel Namirama/Bunyala/526 by operation of law, to wit, through adverse possession. That a portion of land measuring 4 acres out of land parcel Namirama/Bunyala/526 should be registered in the name of Aineah Wawire Ndombi. The defendant filed succession of the estate comprised in the above land which was finalized and he has refused to sign the necessary documents for him to be registered as the owner of land then in turn transfer to him his lawful portion of land. The defendant has refused transfer title to a portion measuring 4 acres out of land parcel known as Namirama/Bunyala/526 to the plaintiff.
This court has considered the application and the submissions therein. The application was served and the respondent failed to file any response. I have perused the court record and find that on the 20th March 2019 the court delivered judgement for the plaintiff and the court held as follows;
1. The plaintiff Ainea Wawire Ndombi has acquired title to a portion measuring 4 acres out of land parcel Namirama/Bunyala/526 by operation of law, to wit, through adverse possession.
2. A portion measuring 4 acres out of land parcel Namirama/Bunyala/526 should be registered in the name of Ainea Wawire Ndombi. The defendant is to transfer title to a portion measuring 4 acres out of land parcel Namirama/Bunyala/526 to the plaintiff and indefault the Deputy Registrar to sign the transfer documents.
3. There will be no costs in this suit as the parties are relatives.
I find that the orders prayed for in this application had already been granted on the 20th March 2019. Be that as it may I find this application is not opposed and I grant the same with no orders as to costs.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 27TH OCTOBER 2020.
N.A. MATHEKA
JUDGE