Dasahe Investments Limited v Mugo (Environment and Land Case 1020 of 2016) [2026] KEELC 3358 (KLR) (4 June 2026) (Ruling)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC CASE NO. 1020 OF 2016 DASAHE INVESTMENTS LIMITED ….…………………… PLAINTIFF VERSUS EDITOR IRIMA MUGO ........................................... DEFENDANT RULING 1. What is before the Court for determination is the Plaintiff’s Notice of Motion application dated the 12th November 2025 in which it seeks the following Orders: a) Spent. b) That this Honourable court be pleased to authorize the Deputy Registrar to sign all the necessary transfer documents on behalf of Editor Irima Mugo, the Respondent herein, to give effect to the decree of this court given on ELC CASE NO. 1020 OF 2016 Ruling Page 1 of 8 22nd February 2024 relating to Land Reference Number 9084. c) That this Honourable Court be pleased to grant such other or further orders as it may deem just and expedient in the circumstances. d) That costs of this application be provided for. 2. The application is premised on grounds on its face and on the supporting affidavit of KEVIN ANAMI, Advocate. He avers that on 22nd February 2024, this Court delivered Judgement in favour of the Plaintiff and directed that the Defendant delivers vacant possession of L. R No. 9084, and a Decree to that effect was issued. He contends that despite service and knowledge of the said Judgement and Decree, the Defendant has refused to execute the requisite transfer instruments to enable registration of the property in the Plaintiff’s name, thus denying it, the full benefit of the Court’s decision. Response ELC CASE NO. 1020 OF 2016 Ruling Page 2 of 8 3. The application is opposed by the Defendant who filed a replying affidavit. She avers that she filed a Notice of Appeal dated 23rd February 2024 and applied for copies of certified typed proceedings for purposes of pursuing an Appeal but she is yet to be supplied with the same. 4. Further, that she has an arguable appeal with overwhelming prospects of success and has made an application dated 11th April 2025 to the Court of Appeal seeking stay of the impugned judgement. She argues that since the Court of Appeal is seized with the matter, it would be prudent that the Court holds its horses until the same is determined. 5. The application was canvassed by way of written submissions. Submissions 6. The Plaintiff submits that since no order staying any execution proceedings has been obtained, there is no substantive bar holding this Court back from granting the ELC CASE NO. 1020 OF 2016 Ruling Page 3 of 8 orders sought. It also submits that it has conclusively demonstrated that there is a valid and unsatisfied Decree, being that the Defendant has neglected and/or refused to execute the documents necessary to give effect to the Judgment issued herein. 7. To buttress its averments, the Plaintiff relied on the following decisions: Ntulele Group Ranch & another v Sankale Ole Kisotu & 9 others [2014] eKLR and Machira t/a Machira & Co Advocates vs East African Standard [2002] eKLR. 8. The Defendant did not file submissions. Analysis and Determination 9. Upon consideration of the instant Notice of Motion application including the respective affidavits and Plaintiff’s submissions, the only issue for determination is whether the Plaintiff has established a basis for this Court to authorize the Deputy ELC CASE NO. 1020 OF 2016 Ruling Page 4 of 8 Registrar to execute requisite transfer documents on behalf of the Defendant. 10. The Plaintiff's case is that Judgment was entered in its favour on 22nd February, 2024 where the Defendant was directed to deliver vacant possession of the suit property. It further contends that despite having knowledge of the Judgment and Decree, the Defendant has refused to execute the transfer documents necessary to give effect to the said Decree. 11. The Defendant does not deny that she has not executed the requisite documents. Her opposition to the instant Notice of Motion is solely founded on grounds that she lodged a Notice of Appeal dated 23rd February 2024 and has since filed an application before the Court of Appeal seeking stay of execution of the Judgment delivered herein on 22nd February 2024. 12. Section 98 of the Civil Procedure Act empowers the Court, where a person neglects to comply with a Decree requiring ELC CASE NO. 1020 OF 2016 Ruling Page 5 of 8 the execution of a document, to authorize the execution of such document by an officer of the Court, including the Deputy Registrar, so as to give effect to the Decree. 13. Section 98 of the Civil Procedure Act provides as follows: “Where any person neglects or refuses to comply with a decree or order directing him to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the court may, on such terms and conditions, if any, as it may determine, order that the conveyance, contract or other document shall be executed or that the negotiable instrument shall be endorsed by such person as the court may nominate for that purpose, and a conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.” 14. The Defendant argues that her application at the Court of Appeal should bar the intended execution. It is trite law that execution is a lawful process and under Order 42 Rule 6(2) of ELC CASE NO. 1020 OF 2016 Ruling Page 6 of 8 the Civil Procedure Rules, an Appeal or intended Appeal does not operate as a stay. 15. Based on the facts as presented while relying on the legal provisions cited as well as associating myself with the decisions quoted, I find that since there is already a Judgment in favour of the Plaintiff but the Defendant has declined to adhere to the terms of the said Judgement by executing the transfer documents, I have no recourse but to grant the Plaintiff the orders as sought. 16. In the foregoing, I find the instant Notice of Motion application merited and will allow it in the following terms: i. That an Order be and is hereby issued authorizing the Deputy Registrar to sign all the necessary transfer documents on behalf of Editor Irima Mugo, the Respondent herein, to give effect to the Decree of this court given on 22nd February 2024 relating to Land Reference Number 9084. ELC CASE NO. 1020 OF 2016 Ruling Page 7 of 8 ii. That the costs of this application to be borne by the Defendant. DATED SIGNED AND DELIVERED AT NAIROBI THIS 4TH DAY OF JUNE, 2026 CHRISTINE OCHIENG JUDGE In the presence of: Weramondi for Decree Holder Court Assistant: Cherono ELC CASE NO. 1020 OF 2016 Ruling Page 8 of 8