[2020] KEELC 362 (KLR)
The court found that the application merely sought to implement its earlier judgment awarding the suit land to the plaintiff. Since the defendant had not executed the necessary transfer documents, and in the interest of justice and finality of litigation, the court granted the order for the Executive Officer to sign...
Source-derived case information.
- Citation
- [2020] KEELC 362 (KLR)
- Parties
- Plaintiff: Francis Bundi John; Defendant: Josephine Nyakeru Gikunju
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2018
- Procedural Posture
- Miscellaneous Application / Post Judgment Enforcement Application
- Outcome
- application granted in part
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Land, Execution of Judgment, Court Orders, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Bundi John
Plaintiff
Josephine Nyakeru Gikunju
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should order the Executive Officer to sign transfer documents for LR NO. NTIMA/IGOKI/3485 in place of the defendant.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the application merely sought to implement its earlier judgment awarding the suit land to the plaintiff. Since the defendant had not executed the necessary transfer documents, and in the interest of justice and finality of litigation, the court granted the order for the Executive Officer to sign the requisite documents to effectuate the transfer. The court declined to award costs, finding no basis for such an order in the circumstances.
Court Disposition
application granted in part
Orders
- The Executive Officer, Meru Law Courts, shall sign all requisite transfer documents in relation to LR NO. NTIMA/IGOKI/3485 in place of Josephine Nyakeru Gikunju.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 8 OF 2018
FRANCIS BUNDI JOHN…....………………….……………. PLAINTIFF
VERSUS
JOSEPHINE NYAKERU GIKUNJU………………………DEFENDANT
RULING
1. This application which is dated 17th September, 2020 was transmitted to this court electronically via e-mail. It seeks the following orders:
1. THAT the Honourable court be pleased to order that the Executive Officer, Meru Law Courts do sign all the requisite transfer documents in relation to LR NO. NTIMA/IGOKI/3485 in place of JOSEPHINE NYAKERU GIKUNJU.
2. THATcosts of this application be provided for.
2. The application is supported by the affidavit of Francis Bundi John, the plaintiff, sworn on 17th September, 2020 and has the following grounds:
1. THATthe Applicant was awarded the whole parcel No. LR No. NTIMA/IGOKI/3485 as per Judgment of this Honourable Court dated 16th April, 2020.
2. THAT it is only fair that the said documents be executed by the executive officer of this court.
3. I note that the application seeks to implement a Judgment of this court delivered by the Hon. Lady Justice Lucy Mbugua on 16th April, 2020.
4. In the circumstances, the following orders are issues:
a) Prayer 1 in the application is granted.
b) I issue no order as to costs.
Delivered in open Court at Chuka this 9th day of December, 2020 in the presence of;
CA: Ndegwa
P. M. NJOROGE
JUDGE