[2016] KEHC 853 (KLR)
The court found that the defendant had failed and refused to comply with the judgment delivered by consent on 30th September 2014, specifically by not executing the necessary documents for subdivision and transfer of parcel Kiirua/Nkando/537 to the plaintiffs. The court held that to prevent frustration of its...
Source-derived case information.
- Citation
- [2016] KEHC 853 (KLR)
- Parties
- Applicant: Bertha Mwari Kimathi; Applicant: Elizabeth Nchoro M'Rukaria; Applicant: Julia Maregi Muketha; Applicant: Alice Nthiori M'Marete; Applicant: Joseph Kithure; Applicant: Margaret Karwitha Muthaura; Applicant: Martin Kinyua; Applicant: Hellen Mugure; Respondent: Silas Maingi M'Muthaura
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 131 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Execution
- Outcome
- application allowed in part
- Judges
- FM Njoroge
- Legal Topics
- Execution of Judgment, Land Subdivision, Transfer of Title, Court Orders, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bertha Mwari Kimathi
Applicant
Elizabeth Nchoro M'Rukaria
Applicant
Julia Maregi Muketha
Applicant
Alice Nthiori M'Marete
Applicant
Joseph Kithure
Applicant
Margaret Karwitha Muthaura
Applicant
Martin Kinyua
Applicant
Hellen Mugure
Applicant
Silas Maingi M'Muthaura
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Execution
Legal Issues
- 1 Whether the court should dispense with the original title deed held by the defendant to facilitate subdivision and transfer of land as per the judgment.
- 2 Whether the Executive Officer should be empowered to execute necessary instruments for subdivision and transfer in place of the defendant.
- 3 Whether the Land Registrar should be directed to implement the court's judgment despite the defendant's non-cooperation.
Ratio Decidendi
The court found that the defendant had failed and refused to comply with the judgment delivered by consent on 30th September 2014, specifically by not executing the necessary documents for subdivision and transfer of parcel Kiirua/Nkando/537 to the plaintiffs. The court held that to prevent frustration of its judgment and to protect the interests of the plaintiffs, it was necessary to dispense with the original title deed held by the defendant and empower the Executive Officer of the Meru Law Courts to execute all necessary instruments for subdivision and transfer. The Land Registrar was also to be directed to implement the judgment. The court granted the application as prayed in prayer...
Court Disposition
application allowed in part
Orders
- The original title deed held by the defendant is dispensed with.
- The Executive Officer, Meru Law Courts, is empowered to execute all necessary instruments to facilitate subdivision and transfer of parcels from Kiirua/Nkando/537 to the plaintiffs as per the judgment dated 30th September 2014.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND SUIT NO. 131 OF 2014
BERTHA MWARI KIMATHI...................................1ST PLAINTIFF/APPLICANT
ELIZABETH NCHORO M'RUKARIA...................2ND PLAINTIFF/APPLICANT
JULIA MAREGI MUKETHA..................................3RD PLAINTIFF/APPLICANT
ALICE NTHIORI M'MARETE................................4TH PLAINTIFF/APPLICANT
JOSEPH KITHURE …..........................................5TH PLAINTIFF/APPLICANT
MARGARET KARWITHA MUTHAURA..............6TH PLAINTIFF/APPLICANT
MARTIN KINYUA …..............................................7TH PLAINTIFF/APPLICANT
HELLEN MUGURE.................................................8TH PLAINTIFF/APPLICANT
VERSUS
SILAS MAINGI M'MUTHAURA..............................DEFENDANT/RESPONDENT
R U L I N G
1. This application is dated 13th December, 2016 and prays for orders:-
(1) That this Honourable Court be pleased to certify this application urgent and same be heard on priority basis.
(2) That this Honourable Court be pleased to dispense with the original title deed held by the defendant and empower the Executive Officer Meru Law Court to execute all necessary instruments in facilitation of subdivision and transfer to parcels to be exercised from Kiirua/Nkando/537 in the name of each of the Plaintiffs /applicants as read in the judgment herein dated 30th September, 2014 and direct the Land Registrar within the jurisdiction of parcel No. Kiirua/Nkando/537 to implement the Honourable Court's Judgment.
(3) Cost of this application be borne by the respondent/defendant.
2. The application is supported by the affidavit of BERTHA MWARI KIMATHI and has the following grounds:-
(1)THAT this honourable Court made its judgment on 30th September, 2014 by way of consent of parties.
(2) THAT now the defendant Silas Maingi M'Muthaura has refused, declined and or failed to sign and or execute the Honourable Court's judgment by subdividing, transferring and or surrender of original title in parcel No. Kiirua/Nkando/537 for the purpose of subdivision, transfer and or other related purposes to enable parcel No. Kiirua/Nkando/537 be apportioned to the Plaintiffs in obeyance and compliance of this Honourable Court Judgment.
(3) THAT the defendant has sold part of the suit land to other people not parties herein and thus may dispose the entire land to defeat this Honourable Court's judgment.
(4) THAT now this application needs be heard and disposed urgently, to compel and stop the defendant from alienation of the suitland .
(5) That this Honourable Court be pleased to dispense with the original title deed held by the defendant and empower the Executive Officer Meru Law Courts to execute all necessary instruments in facilitation of subdivision and transfer of parcels to be exercised from Kiirua/Nkando/537 in the name of each of the Plaintiffs/ applicants as read in the judgment dated 30th September, 2014 and direct the land registrar within the jurisdiction of parcel no Kiirua/Nkando/537 to implement the Honourable Court's Judgment.
3. On 21/12/2016 , the applicant told the Court that she sought prayer 2 to facilitate in the implementation of this Court's judgment delivered on 30/09/2014.
4. I find that the application has merit .
5. Prayer 2 is granted.
6. No costs are awarded.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 21ST DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
C:A Daniel/James
Bertha Mwari Kimathi -1st Plaintiff
Elizabeth Nchoro -2nd Plaintiff
Alice Nthiori -4th Plaintiff.
P.M NJOROGE
JUDGE