[2017] KEELC 3470 (KLR)
The court found that judgment had already been entered in favor of the applicant for 8 acres of land by way of adverse possession. The respondent failed to comply with the judgment by refusing to sign the mutation and transfer forms necessary to effectuate the transfer of the land. The respondent did not oppose the...
Source-derived case information.
- Citation
- [2017] KEELC 3470 (KLR)
- Parties
- Plaintiff: Benjamin Kipsigei Arap Chumek; Defendant: Reuben Cheruiyot Chepkwony
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 43 of 2000
- Procedural Posture
- Civil Suit / Post Judgment Application for Execution
- Outcome
- Application allowed. Deputy Registrar to execute mutation and transfer forms. Costs awarded to applicant.
- Judges
- MA Silau
- Legal Topics
- Adverse Possession, Execution of Judgment, Transfer of Land, Mutation Forms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benjamin Kipsigei Arap Chumek
Plaintiff
Reuben Cheruiyot Chepkwony
Defendant
Procedural Posture
Civil Suit / Post Judgment Application for Execution
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute mutation and transfer forms on behalf of the defendant to effectuate the judgment for adverse possession.
- 2 Whether the applicant is entitled to the costs of the application.
Ratio Decidendi
The court found that judgment had already been entered in favor of the applicant for 8 acres of land by way of adverse possession. The respondent failed to comply with the judgment by refusing to sign the mutation and transfer forms necessary to effectuate the transfer of the land. The respondent did not oppose the application or indicate any intention to appeal. To ensure the applicant enjoys the fruits of the judgment, the court allowed the application and ordered the Deputy Registrar to execute all requisite documents to transfer the 8 acres to the applicant in accordance with the judgment. The applicant was also awarded the costs of the application.
Court Disposition
Application allowed. Deputy Registrar to execute mutation and transfer forms. Costs awarded to applicant.
Orders
- The Deputy Registrar is authorized to execute all requisite documents necessary to transfer 8 acres of Kericho/Kaitet/443 to the applicant in accordance with the judgment of 26 February 2016.
- The applicant is awarded the costs of this application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT KERICHO
CIVIL SUIT NO. 43 OF 2000
BENJAMIN KIPSIGEI ARAP CHUMEK............................PLAINTIFF
VERSUS
REUBEN CHERUIYOT CHEPKWONY..........................DEFENDANT
RULING
(Application to have Deputy Registrar execute transfer forms; judgment already entered for applicant; application allowed)
1. The application before me is that dated 24 June 2016 filed by the plaintiff. It seeks orders to have the Deputy Registrar sign the mutation forms and the transfer forms in respect of the land parcel Kericho/Kaitet/443.
2. The suit herein was filed on 20 July 2000 by way of an Originating Summons vide which the applicant sought to be declared owner of 8 acres out of the land parcel Kericho/Kaitet/443 by way of adverse possession. The suit was heard, and through a judgment delivered on 26 February 2016, I entered judgment for the applicant and held that he has succeeded in his claim for 8 acres of the suit property.
3. Through this application, the applicant has averred that despite the judgment, the respondent has refused to subdivide the land and transfer the 8 acres to him.
4. The respondent has not replied to this application. Neither have I seen any indication that he would wish to appeal the judgment. There is really no reason why the respondent has refused to sign the mutation and transfer forms to the applicant. So that the applicant may enjoy the fruits of this judgment, I do allow this application and order the Deputy Registrar to execute all the requisite documents necessary to have the applicant get title to his 8 acres in accordance with the judgment of 26 February 2016. The applicant shall also have the costs of this application.
5. It is so ordered.
Dated, signed and delivered in open court at Kericho this 3rd day of February 2017
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
KERICHO
PRESENT;
Mr. Joshua Mutai for the Plaintiff/applicant
Defendant acting in person – Absent
Court Assistant; Wambany