[2014] KEHC 6754 (KLR)
The court found that, to ensure the effective implementation of its judgment delivered on 4th July, 2013, it was necessary to empower the executive officer to execute all documents required for the amalgamation, subdivision, and transfer of the specified land parcels. The court further held that if the defendant had...
Source-derived case information.
- Citation
- [2014] KEHC 6754 (KLR)
- Parties
- Plaintiff: Daniel Muthuri; Plaintiff: Benson Kinoti; Defendant: M'Ikiara Karigi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 77 of 2004
- Procedural Posture
- Miscellaneous Application / Post Judgment Enforcement Application
- Outcome
- Application allowed. Orders granted as prayed. Costs awarded to the plaintiffs.
- Judges
- FM Njoroge
- Legal Topics
- Land Transfer, Title Deeds, Court Orders Enforcement, Amalgamation and Subdivision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muthuri
Plaintiff
Benson Kinoti
Plaintiff
M'Ikiara Karigi
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should grant orders to facilitate the implementation of its judgment regarding amalgamation, subdivision, and transfer of specified land parcels.
- 2 Whether the defendant has complied with the court's previous orders by surrendering the relevant title deeds.
Ratio Decidendi
The court found that, to ensure the effective implementation of its judgment delivered on 4th July, 2013, it was necessary to empower the executive officer to execute all documents required for the amalgamation, subdivision, and transfer of the specified land parcels. The court further held that if the defendant had not surrendered the title deeds as claimed, he must do so; otherwise, the Land Registrar was authorized to dispense with their production. This approach was adopted to prevent further delay and to give effect to the court's previous orders, ensuring that the plaintiffs could realize the fruits of their judgment without undue obstruction from the defendant.
Court Disposition
Application allowed. Orders granted as prayed. Costs awarded to the plaintiffs.
Orders
- The executive officer of the court is empowered and authorised to execute the necessary documents for amalgamation of Land parcel Nos. ABOTHUGUCHI/KITHURE/2582, 2553 and 2584 and thereafter subdivision and transfer thereof in implementation of the court's orders.
- If the title deeds to parcel Nos. ABOTHUGUCHI/KITHURE/2582, 2553 and 2584 have not been forwarded to the Land Registrar, the defendant is ordered to surrender them to the executive officer for purposes of implementing the court's judgment; failing which, the Land Registrar should dispense with their production by...
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC 77 OF 2004
DANIEL MUTHURI................................................................................1ST PLAINTIFF
BENSON KINOTI..................................................................................2ND PLAINTIFF
VERSUS
M'IKIARA KARIGI....................................................................................DEFENDANT
R U L I N G
The application herein was filed on behalf of the plaintiff on 30th July, 2013.
It seeks implementation of the orders of the Court's judgement delivered on 4th July, 2013.
The plaintiff has prayed that the prayers in the application be granted. On the other hand the defendant has submitted that he forwarded the title deeds to the Registrar of Lands on 27th January, 2014. For that reason the defendant has urged that the application be dismissed.
I have considered the submissions by the two sides. If the defendant has indeed forwarded the title deeds to the Registrar, this action will hasten the implementation of the Orders of this Court.
I, therefore, order as follows:
The executive officer of this honourable Court is empowered and authorised to execute the necessary documents for almagamation of Land parcel Nos. ABOTHUGUCHI/KITHURE/2582, 2553and2584and thereafter sub-division and transfer thereof in implementation of this Court's orders.
If the title deeds to parcel Nos.ABOTHUGUCHI/KITHURE/2582, 2553and 2584 have not been forwarded to the Land Registrar as claimed by the defendant, he is ordered to surrender them to the executive officer of this Court for purposes of implementing the orders contained in this Court's judgement delivered on 4. 7.2013 failing which the Land Registrar should dispense with their production by the defendant.
Costs are awarded to the plaintiff.
Delivered, dated and Signed in Open Court at Meru this 24th day of February, 2014 in the presence of:
Cc. Mwonjaru
Ringera for plaintiff
Thibaru for defendant
P. M. NJOROGE
JUDGE