[2021] KEELC 3751 (KLR)
The court found that the applicants were entitled to the orders sought because they had obtained judgment for the suit land by adverse possession, and the respondent had failed to comply with the court's directive to execute transfer documents and surrender the title deed. To prevent frustration of the judgment and...
Source-derived case information.
- Citation
- [2021] KEELC 3751 (KLR)
- Parties
- Applicant: Andrew Mungatia Anjuri; Applicant: Silas Kamathi Ayub; Applicant: Peter Nturibi; Respondent: Kirima Gideon Ringera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 311 of 2013
- Procedural Posture
- Notice of Motion / Ruling on Post Judgment Application
- Outcome
- application allowed
- Legal Topics
- Adverse Possession, Execution of Judgment, Land Registration, Transfer of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Mungatia Anjuri
Applicant
Silas Kamathi Ayub
Applicant
Peter Nturibi
Applicant
Kirima Gideon Ringera
Respondent
Procedural Posture
Notice of Motion / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the Land Registrar, Meru should be directed to dispense with the production of the title deed for Land parcel No. NYAKI/GIAKI/865 to effect registration of mutation and transfer forms in favor of the applicants.
- 2 Whether the court should facilitate the applicants' enjoyment of the judgment delivered in their favor by allowing the application despite the respondent's non-cooperation.
Ratio Decidendi
The court found that the applicants were entitled to the orders sought because they had obtained judgment for the suit land by adverse possession, and the respondent had failed to comply with the court's directive to execute transfer documents and surrender the title deed. To prevent frustration of the judgment and ensure the applicants could enjoy its fruits, the court allowed the application, directing the Land Registrar to dispense with the production of the title deed for purposes of registration of mutation and transfer forms in favor of the applicants. The court emphasized that its orders were necessary to effectuate its earlier judgment and that the respondent's non-cooperation...
Court Disposition
application allowed
Orders
- The Land Registrar, Meru is directed to dispense with the production of the title deed for Land parcel No. NYAKI/GIAKI/865 for purposes of registration of mutation forms, transfer forms, and other attendant instruments in favor of the applicants/plaintiffs.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 311 OF 2013 (OS)
ANDREW MUNGATIA ANJURI......................................1st APPLICANT/PLAINTIFF
SILAS KAMATHI AYUB..................................................2ND APPLICANT/PLAINTIFF
PETER NTURIBI..............................................................3RD APPLICANT/PLAINTIFF
VERSUS
KIRIMA GIDEON RINGERA...........................................RESPONDENT/DEFENDANT
RULING
1. Before me is a notice of motion dated 19/01/2021 brought pursuant to provisions of Section 1A, 1B, 3, 3A of the Civil Procedure Act and Section 31 of the Land Registration Act. The applicant is seeking an order directing the Land Registrar, Meru to dispense with the production of the title deed in respect of Land parcel No. NYAKI/GIAKI/865 for the purposes of registration of mutation forms, transfer forms and other attendant instruments in favor of the Applicants/plaintiffs.
2. The application is based on the grounds on the face of it and on the supporting affidavit of Andrew Mungatia Anjuriwho avers that they had instituted a suit claiming Land parcel No. NYAKI/GIAKI/865 by way of adverse possession where judgment was delivered on 25th April 2018 in their favor.
3. That this court ordered the defendant/respondent to execute all requisite documents to facilitate transfer of the said land and in default the Deputy Registrar to do so. However the defendant/respondent has refused to execute the transfer documents and has also refused to surrender the original title deed to the suit land.
4. The application is unopposed.
5. I have carefully perused the application, the affidavit and the supporting documents attached and I do opine that a party must be allowed to enjoy the fruits of his judgment. The orders sought are geared towards effectuating the judgment of the court. In the circumstances, the application dated 19. 1.2021 is allowed but with no orders as to costs.
DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF APRIL, 2021
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Ruling was given to the advocates for the parties through a virtual session via Microsoft teams on 8. 3.2021. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE