[2011] KEHC 2085 (KLR)
The court found that the defendant's refusal to produce the original Title Deed was obstructing the implementation of a prior judgment ordering equal subdivision of the land among the parties. To give effect to its earlier decision, the court ordered the defendant to produce the Title Deed within 30 days. If the...
Source-derived case information.
- Citation
- [2011] KEHC 2085 (KLR)
- Parties
- Applicant: Francis Gachira Kariuki; Applicant: Macharia Kamau; Applicant: John Maina Kariuki; Applicant: Edward Njoroge Kamau; Respondent: Joseph Ndegwa Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 418 of 2003
- Procedural Posture
- Civil Case / Ruling on Application for Enforcement of Judgment
- Outcome
- application allowed with costs
- Legal Topics
- Land Subdivision, Title Deed Production, Enforcement of Judgment, Transfer of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Gachira Kariuki
Applicant
Macharia Kamau
Applicant
John Maina Kariuki
Applicant
Edward Njoroge Kamau
Applicant
Joseph Ndegwa Kariuki
Respondent
Procedural Posture
Civil Case / Ruling on Application for Enforcement of Judgment
Legal Issues
- 1 Whether the defendant should be compelled to produce the original Title Deed to facilitate subdivision and transfer as previously ordered by the court.
- 2 Whether the Land Registrar can proceed with subdivision and transfer in the absence of the Title Deed if the defendant fails to comply.
Ratio Decidendi
The court found that the defendant's refusal to produce the original Title Deed was obstructing the implementation of a prior judgment ordering equal subdivision of the land among the parties. To give effect to its earlier decision, the court ordered the defendant to produce the Title Deed within 30 days. If the defendant failed to comply, the Land Registrar was authorized to dispense with the production of the Title Deed and proceed with the subdivision and transfer as previously ordered. The application was allowed with costs to ensure compliance with the court's judgment and to prevent further delay or frustration of the applicants' rights.
Court Disposition
application allowed with costs
Orders
- The defendant shall produce the original Title Deed for land parcel No. Loc. 8/Gatara/53 to the Land Registrar within 30 days.
- If the defendant fails to produce the Title Deed, the Land Registrar is at liberty to dispense with its production and proceed with subdivision and transfer as previously ordered.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 418 OF 2003 (OS)
FRANCIS GACHIRA KARIUKI......................................................................................1ST PLAINTIFF/APPLICANT
MACHARIA KAMAU.....................................................................................................2ND PLAINTIFF/APPLICANT
JOHN MAINA KARIUKI................................................................................................3TH PLAINTIFF/APPLICANT
EDWARD NJOROGE KAMAU......................................................................................4TH PLAINTIFF/APPLICANT
V E R S U S
JOSEPH NDEGWA KARIUKI.......................................................................................DEFENDANT/RESPONDENT
R U L I N G
The application dated 26th January 2011 was served but was not responded to. There is decision of this court in which it was ordered that land parcel No. Loc. 8/Gatara/53 be shared equally as follows:-
a)Francis Gachira Kariuki ………………..0. 6 acres;
b)Macharia Kamau …………………………0. 6 acres;
c)John Maina Kariuki ………………………0. 6 acres;
d)Edward Njoroge Kamau ………………..0. 6 acres;
e)Joseph Ndegwa Kariuki …………………0. 6 acres.
The title is in the names of the Defendant who has refused to produce the original Title Deed to the registrar to allow for the subdivision and eventual transfer as ordered by the court. To allow for the decision of the court to be realized, it is directed that the Defendant does produce the Title Deed to the Land Registrar within 30 days, failing which the Land Registrar shall be at liberty to dispense with its production and can go ahead and effect the subdivision and transfer.
The application is allowed with costs.
DATED AND DELIVERED AT NAIROBITHIS 31ST DAY OF MARCH 2011
A.O. MUCHELULE
J U D G E