[2016] KEHC 4452 (KLR)
The court found that the application was merited as it sought to implement a consent order previously recorded and adopted as an order of the court. Since the defendant had consented to transfer the land but had not executed the necessary documents, the court exercised its power to empower the Executive Officer to...
Source-derived case information.
- Citation
- [2016] KEHC 4452 (KLR)
- Parties
- Plaintiff: Caroline Kawira; Defendant: Zakaria Chabari Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 54 of 2014
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Application for Execution of Consent Order
- Outcome
- Application allowed. Executive Officer empowered to execute transfer documents. Costs awarded to plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Land, Execution of Court Orders, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Kawira
Plaintiff
Zakaria Chabari Murithi
Defendant
Procedural Posture
Civil Suit / Ruling on Post Judgment Application for Execution of Consent Order
Legal Issues
- 1 Whether the court should empower its Executive Officer to execute transfer documents for parcel No. IGOJI/KIANJOGU/740 in favour of the plaintiff.
- 2 Whether the application is necessary to implement the consent order previously recorded by the parties.
Ratio Decidendi
The court found that the application was merited as it sought to implement a consent order previously recorded and adopted as an order of the court. Since the defendant had consented to transfer the land but had not executed the necessary documents, the court exercised its power to empower the Executive Officer to execute all documents required to effect the transfer of parcel No. IGOJI/KIANJOGU/740 to the plaintiff. The court further awarded costs to the plaintiff, with liberty to waive them, to ensure full compliance with the consent order and finality of the matter.
Court Disposition
Application allowed. Executive Officer empowered to execute transfer documents. Costs awarded to plaintiff.
Orders
- The Executive Officer of the court is empowered to execute all necessary documents, including Land Control Board process papers and transfer documents, to effect the transfer of parcel No. IGOJI/KIANJOGU/740 measuring 0.7 Ha to the plaintiff.
- Costs are awarded to the plaintiff, who is at liberty to waive them.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 54 OF 2014
CAROLINE KAWIRA …..................................................................PLAINTIFF
VERSUS
ZAKARIA CHAVARI MURITHI....................................................DEFENDANT
R U L I N G
1. This application is dated 23rd July, 2015 and seeks orders:-
THAT this Honourable Court to be pleased to empower the Executive Officer of this Court to sign all necessary documents to effect the transfer of parcel No. IGOKI/KIANJOGU/740 measuring 0. 7 Ha to the Plaintiff.
That the costs of this application be provided for.
2. On 22nd September, 2014 the parties entered into a Consent which was adopted as an order of this Court. The Consent was in the following terms:-
“CONSENT ORDER”
Upon receipt of a Consent signed by both Caroline Kawira, the Plaintiff herein and Zakaria Chabari Murithi, the Defendant do record the following Consent Order:-
The Defendant do hereby Consent to transfer parcel No. IGOJI/KIANJOGU/740 measuring 0. 7 Ha to the Plaintiff herein.
Costs of the suit be in the cause.”
3. This application is meant to facilitate the implementation of a Court Order. I issue the following orders:-
The Executive Officer of this Court is empowered to execute all necessary documents, including Land Control Board process papers and the necessary transfer documents, so that Land Parcel No. IGOJI/KIANJOGU/740 measuring 0. 7 Ha is transferred to the Plaintiff.
Costs, which the Plaintiff is at liberty to waive, are awarded to the Plaintiff.
4. It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 25TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
Caroline Kawira Murianki -Plaintiff
…...............................................
P. M. NJOROGE
JUDGE