[2018] KEELC 1950 (KLR)
The court found that it retains inherent jurisdiction to facilitate the execution of its own judgments and decrees, even after judgment has been entered and a decree issued. Where a party refuses or is unavailable to execute necessary documents, the court may authorize the Deputy Registrar to do so on their behalf...
Source-derived case information.
- Citation
- [2018] KEELC 1950 (KLR)
- Parties
- Applicant: George Mbugua Njuguna; Applicant: Nicholas Indangasi Maita; Applicant: Evangeline Nyawira Murage; Applicant: Patricia W. Chege (Being Registered Officials of Riruta Shade for Orphans Children’s Home); Respondent: Registered Trustees of World Outreach
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 250 of 2011
- Procedural Posture
- Miscellaneous Application / Post Judgment Application for Execution
- Outcome
- application allowed
- Judges
- AK Bor
- Legal Topics
- Execution of Judgment, Transfer of Land, Court Inherent Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mbugua Njuguna
Applicant
Nicholas Indangasi Maita
Applicant
Evangeline Nyawira Murage
Applicant
Patricia W. Chege (Being Registered Officials of Riruta Shade for Orphans Children’s Home)
Applicant
Registered Trustees of World Outreach
Respondent
Procedural Posture
Miscellaneous Application / Post Judgment Application for Execution
Legal Issues
- 1 Whether the court can authorize the Deputy Registrar to execute transfer documents on behalf of the respondent for Dagoretti/Riruta/S.666.
- 2 Whether the court retains jurisdiction to grant execution-related orders after judgment has been entered.
Ratio Decidendi
The court found that it retains inherent jurisdiction to facilitate the execution of its own judgments and decrees, even after judgment has been entered and a decree issued. Where a party refuses or is unavailable to execute necessary documents, the court may authorize the Deputy Registrar to do so on their behalf to give effect to its orders. The application was therefore merited and allowed as prayed, enabling the transfer of Dagoretti/Riruta/S.666 to the applicants.
Court Disposition
application allowed
Orders
- The Deputy Registrar is authorized to execute the relevant forms on behalf of the Registered Trustees of World Outreach for Dagoretti/Riruta/S.666 to effect transfer to the applicants.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
E.L.C. CASE NO. 250 OF 2011
GEORGE MBUGUA NJUGUNA
NICHOLAS INDANGASI MAITA
EVANGELINE NYAWIRA MURAGE
PATRICIA W. CHEGE (Being Registered Officials of
Riruta Shade forOrphans Children’s Home.....................APPLICANTS
VERSUS
REGISTERED TRUSTEES OF WORLD OUTREACH....RESPONDENT
RULING
The Applicants seek to have the Deputy Registrar of this court execute the relevant forms on behalf of the Registered Trustees of World Outreach in respect of Dagoretti/Riruta/S.666 for purposes of effecting a transfer of this land to the Applicants.
The court entered judgement in favour of the Applicant on 29/1/2016 and issued a final decree on 29/3/2016. Patricia W. Chege swore the affidavit in support of the application and deponed that the Applicants’ attempts to trace the Respondent to execute the documents have proved futile.
The Applicants relied on various authorities in support of the position that the court is not functus officio and that it has the inherent jurisdiction to grant the orders sought.
The application dated 31/8/2016 has merit. It is allowed as prayed. There will be no orders as to costs.
Dated and delivered at Nairobi this 30th day of August 2018.
K. BOR
JUDGE
In the presence of: -
Mr. Mwariri for the Plaintiff
Mr. Kimathi Kamencha for the Defendant
Mr. V. Owuor- Court Assistant