[2017] KEHC 3888 (KLR)

[2017] KEHC 3888 (KLR)

The court found that it had inadvertently omitted to make orders regarding the transfer of Nyandarua/[particulars withheld] in its previous ruling. It held that it was within its power to correct this omission by directing the Deputy Registrar to sign transfer forms to facilitate the transfer of the property from the joint names of the applicant and respondent to the applicant alone, as previously ordered. However, the court declined to grant any further orders regarding Nairobi [particulars withheld], finding that the applicant had not demonstrated any error on the face of the record or discovery of new material facts to justify review. The applicant's dissatisfaction with the previous...

Citation
[2017] KEHC 3888 (KLR)
Parties
Plaintiff: D E N; Defendant: P N N
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
1 August 2017
Case Number
Civil Suit 20 of 2011
Procedural Posture
Civil Suit / Ruling on Application for Review of Previous Orders
Outcome
Application for review partially allowed.
Judges
DN Musyoka
Legal Topics
Review of Court Orders, Transfer of Land, Execution of Judgments, Role of Deputy Registrar
Source Language
English
Civil Procedure Land and Property Review of Court Orders Transfer of Land Execution of Judgments Role of Deputy Registrar

Case Brief

Summary, issues, holding and outcome

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Parties

D E N

Plaintiff

P N N

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Review of Previous Orders

Legal Issues

  1. 1 Whether the court should review its previous orders to direct the Deputy Registrar to sign transfer documents for Nyandarua/[particulars withheld].
  2. 2 Whether the applicant is entitled to further orders regarding Nairobi [particulars withheld] based on alleged omission or error in the previous ruling.

Ratio Decidendi

The court found that it had inadvertently omitted to make orders regarding the transfer of Nyandarua/[particulars withheld] in its previous ruling. It held that it was within its power to correct this omission by directing the Deputy Registrar to sign transfer forms to facilitate the transfer of the property from the joint names of the applicant and respondent to the applicant alone, as previously ordered. However, the court declined to grant any further orders regarding Nairobi [particulars withheld], finding that the applicant had not demonstrated any error on the face of the record or discovery of new material facts to justify review. The applicant's dissatisfaction with the previous...

Court Disposition

Application for review partially allowed.

Orders

  • The Deputy Registrar is directed to sign transfer forms to facilitate transfer of Nyandarua/[particulars withheld] from the joint names of the applicant and respondent to the applicant.
  • The ruling and orders of 23rd June 2017 remain in force regarding Nairobi [particulars withheld].