[2023] KEELC 17136 (KLR)
The court found that the respondents' refusal to sign the mutation and transfer forms was preventing the execution of the consent orders dated September 13, 2021, which had been adopted as orders of the court. Since the application was unopposed and the respondents had been duly served, the court held that it was...
Source-derived case information.
- Citation
- [2023] KEELC 17136 (KLR)
- Parties
- Applicant: Thaddeus Egondi; Respondent: Paulo Nerima Pamba; Respondent: Daniel Congo Wangira
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E008 of 2020
- Procedural Posture
- Chamber Summons / Ruling on Unopposed Application for Execution of Consent Orders
- Outcome
- application allowed
- Judges
- BN Olao
- Legal Topics
- Land Registration, Consent Orders, Execution of Judgments, Mutation Forms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thaddeus Egondi
Applicant
Paulo Nerima Pamba
Respondent
Daniel Congo Wangira
Respondent
Procedural Posture
Chamber Summons / Ruling on Unopposed Application for Execution of Consent Orders
Legal Issues
- 1 Whether the court should authorize the Deputy Registrar to execute consent forms, mutation and transfer forms on behalf of the respondents who have declined to sign.
- 2 Whether the execution of the consent orders dated September 13, 2021 can proceed in the absence of respondents' cooperation.
Ratio Decidendi
The court found that the respondents' refusal to sign the mutation and transfer forms was preventing the execution of the consent orders dated September 13, 2021, which had been adopted as orders of the court. Since the application was unopposed and the respondents had been duly served, the court held that it was necessary to authorize the Deputy Registrar to execute the required documents on behalf of the respondents. This would ensure that the consent orders are given effect and are not rendered ineffectual by the respondents' inaction. The court therefore allowed the application as prayed, with no order as to costs.
Court Disposition
application allowed
Orders
- The Deputy Registrar of the court is authorized to execute all consent forms, mutation and transfer forms on behalf of the respondents.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Egondi v Pamba & another (Environment & Land Case E008 of 2020) [2023] KEELC 17136 (KLR) (3 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17136 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Environment & Land Case E008 of 2020
BN Olao, J
May 3, 2023
Between
Thaddeus Egondi
Applicant
and
Paulo Nerima Pamba
1st Respondent
Daniel Congo Wangira
2nd Respondent
Ruling
1. Thaddeus Egondi (the Applicant herein) moved to this court vide his originating summons dated October 22, 2020 seeking the main orders that the registration of the land parcels No. Bunyala/Bulemia/4670, 4671, 3742, 3742, 3743, 3744, 3745 and 3746 be cancelled and the land to revert back to Bunyala/Bulemia/139.
2. By consent letter dated September 13, 2021 and signed by Mr Joseph Paul Makokha for the applicant and by Paul Nerima Pamba and Daniel Congo Wangira (the respondents), several orders were made including that the Land Surveyor would visit the land parcel No. Bunyala/Bulemia/139 and sub-divide it into four (4) portions.
3. It would appear that the respondents have however declined to sign the mutation forms to facilitate the execution of the consent orders.
4. The applicant has therefore moved to this court vide his Chamber Summons dated March 29, 2023 seeking the following orders:1. That this honourable court do authorize the Deputy Registrar of this court to execute all the consent forms, mutations and transfer form on behalf of the respondents.2. Costs be in the cause.
5. When the application was placed before me on April 18, 2023 ex-parte, I directed that the respondents be served. That was done and on May 3, 2023, an affidavit of service having been filed, the Respondents did not file any response to the application which is therefore not opposed.
6. I have considered the application, un-opposed as it is.
7. It is clear that unless the orders sought are granted, the consent orders dated September 13, 2021 and which have been endorsed as Orders of this court will not be executed. Those Orders will therefore remain without effect.
8. In the circumstances, the Chamber Summons application dated March 29, 2023 is allowed with no orders as to costs.
BOAZ N. OLAOJUDGE3RDMAY 2023Ruling dated, signed and delivered by way of electronic mail on this 3rdday of May 2023 at BUSIA ELC.BOAZ N. OLAOJUDGE3RDMAY 2023BUSIA ELC NO. E008 OF 2020 (O.S) - RULING Page 2 of 2