[2018] KEELC 4073 (KLR)
The court found that judgment had already been entered in favor of the plaintiff, awarding her two acres out of the suit land held in trust by the defendant. The defendant, having been properly served with the application for execution but failing to comply or respond, left the court with no alternative but to...
Source-derived case information.
- Citation
- [2018] KEELC 4073 (KLR)
- Parties
- Plaintiff: Damaris Wanjiku Kanja; Defendant: John Muthee Kanja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case Case150 of 2013
- Procedural Posture
- Land and Property Application / Ruling on Post Judgment Application for Execution
- Outcome
- Application allowed in part; prayers 1 and 2 granted.
- Judges
- L Waithaka
- Legal Topics
- Trusts in Land, Subdivision Orders, Execution of Judgment, Court Officer Powers
- 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
Damaris Wanjiku Kanja
Plaintiff
John Muthee Kanja
Defendant
Procedural Posture
Land and Property Application / Ruling on Post Judgment Application for Execution
Legal Issues
- 1 Whether the court should authorize the Executive Officer to sign subdivision and transfer documents on behalf of the defendant.
- 2 Whether the court should dispense with production of the title deed during subdivision.
- 3 Whether the Land Registrar and Surveyor should be directed to effect subdivision as per the judgment.
Ratio Decidendi
The court found that judgment had already been entered in favor of the plaintiff, awarding her two acres out of the suit land held in trust by the defendant. The defendant, having been properly served with the application for execution but failing to comply or respond, left the court with no alternative but to enforce its judgment. The court exercised its statutory power to authorize the Executive Officer to sign all necessary subdivision and transfer documents on behalf of the defendant and dispensed with the need for the title deed during subdivision, ensuring the applicant could realize the fruits of her judgment. The court was satisfied that all procedural requirements had been met...
Court Disposition
Application allowed in part; prayers 1 and 2 granted.
Orders
- The Executive Officer of the court shall sign all land subdivision and transfer documents in regard to land parcel number Ruguru/Kiamariga/464 on behalf of John Muthee Kanja.
- An order is issued dispensing with the production of the title deed to land parcel number Ruguru/Kiamariga/464 during subdivision.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NYERI
ELC NO. 150 OF 2013
DAMARIS WANJIKU KANJA...............................PLAINTIFF
-VERSUS-
JOHN MUTHEE KANJA.....................................DEFENDANT
RULING
1. The application dated 13th December, 2017 seeks the following orders:-
1. That the Executive Officer of this Honourable court do sign all land subdivision and transfer document in regard to land parcel number Ruguru/Kiamariga/464 on behalf of John Muthee Kanja.
2. That an order be issued dispensing with the production of the title deed to Land parcel Number Ruguru/Kiamariga/464 during subdivision.
3. That the Nyeri Land Registrar and Surveyor be directed to effect subdivision of Land Parcel Number Ruguru/Kiamariga/464.
4. That the O.C.P.D and O.C.S. Kiamariga Police Station do provide security and ensure compliance of such orders as issued by this honourable court.
5. That the costs of this application be provided for.
2. The application is premised on the following grounds:
a) That plaintiff/applicant was awarded (2) two acres out of land parcel number Ruguru/Kiamariga/464 and a decree dated 19th December, 2014 issued.
b) The defendant/respondent has refused, failed and or ignored the applicant’s request to have the land subdivided.
c) The plaintiff/applicant stands to suffer irreparable loss and damage in the circumstances.
3. Judgment in this matter was entered in favour of the plaintiff/applicant on 11th December, 2014 that the defendant holds land parcel No. Ruguru/Kiamariga/ 464 in trust for himself and the plaintiff and the said trust should be terminated for the plaintiff to get 2 acres out of the suit land. The applicant states that since the defendant has refused, failed and or ignored the applicant’s request to have the land subdivided, the court should step in and order the executive officer to sign subdivision and transfer documents on behalf of John Muthee Kanja.
4. The application is not opposed.
5. An affidavit of service sworn on 19th January, 2018 by Japhet Kimosop Saigut in paragraph 3 states that he served David Muthee Kanja with the application on 18th January, 2018, who accepted service but declined to sign for it.
6. The court having found judgment in favour of the applicant and been satisfied that the respondent was properly served with the instant motion, I allow prayers 1 and 2 in the application dated 13th December, 2017.
Dated, signed and delivered in open court at Nyeri this 13th day of March, 2018.
L N WAITHAKA
JUDGE
Coram:
Ms Macharia h/b for Ms Mwai for the plaintiffs/applicants
N/A for the respondents
Court assistant - Esther