[2014] KEHC 247 (KLR)
The court found that the respondent, despite being properly served, failed to comply with the court's earlier orders directing transfer of the land title to the applicant. In the absence of any justification or response from the respondent, the court determined that it was necessary to facilitate enforcement of its...
Source-derived case information.
- Citation
- [2014] KEHC 247 (KLR)
- Parties
- Respondent: Gervasio Miriti M'Rimberia; Applicant: Naomi Kanana M'Mworia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 20 of 2000
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Application for Enforcement and Contempt
- Outcome
- Application allowed in part; enforcement orders granted; committal to civil jail not granted.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Land Title Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gervasio Miriti M'Rimberia
Respondent
Naomi Kanana M'Mworia
Applicant
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application for Enforcement and Contempt
Legal Issues
- 1 Whether the respondent has dishonoured court orders regarding registration and transfer of land title to the applicant.
- 2 Whether the court should empower its Executive Officer to execute documents necessary for transfer in place of the respondent.
- 3 Whether the respondent should be committed to civil jail for contempt of court.
Ratio Decidendi
The court found that the respondent, despite being properly served, failed to comply with the court's earlier orders directing transfer of the land title to the applicant. In the absence of any justification or response from the respondent, the court determined that it was necessary to facilitate enforcement of its decree. Accordingly, the court ordered the Land Registrar to dispense with the original title deed and empowered the Executive Officer to execute all necessary documents to effect the transfer. The court declined to commit the respondent to civil jail but prioritized enforcement of its orders to ensure compliance and uphold the applicant's rights as previously determined.
Court Disposition
Application allowed in part; enforcement orders granted; committal to civil jail not granted.
Orders
- The Land Registrar to dispense with the Original title deed for Parcel No. ABOTHUGUCHI/KARIENE/1752 to facilitate implementation of the court's decree issued on 10th November, 2003.
- The Executive Officer of the court is empowered to execute all necessary signatures to facilitate the transfer process.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 20 OF 2000
GERVASIO MIRITI M'RIMBERIA.............................APPLICANT/RESPONDENT
VERSUS
NOMI KANANA M'MWORIA.....................................RESPONDENT/DEFENDANT
ORDER
This application by Naomi Kanana M'Mworia is dated 21st July, 2014 and seeks orders:
(a) THAT this Honourable Court be pleased to certify this application urgent and hear it on priority basis.
(b) THAT this Honourable Court be pleased to order the Respondent to present the Original title Deed for the said plot to this Honourable Court immediately upon hearing of this application and the Executive Officer of this Honourable Court be empowered to execute all the necessary signatures to necessitate transfer process.
(c) THAT this Honourable Court be pleased to commit the said Respondent GERVASIO MWITI M'RIMMBERIA to Civil jail for dishonouring orders of this Honourable Court without justified cause herein which is purely Court contempt.
(d) THAT the cost for this application be provided by the Respondent.
It is based on the following grounds:
1. THATthis Honourable court had issued orders for the registration of NAOMI KANANA M'MWORIA on 10th November, 2003 which orders the Respondent has dishonoured to date (sic).
2. THATthe Respondent is bound to Honouring orders of this Court (sic).
3. THATthe Applicant as beneficiary has right to the said share which was meant for her deceased Husband who is biological brother to the Respondent.
4. THATthe Applicant Court (sic) to withhold the said transfer is against the wish of the Respondent and against the orders of this Court wherein the Respondent prays that the Applicant be committed to civil jail upon hearing this Application.
5. THATit would not prejudice any of the parties if orders sought are granted herein it is for the interest of justice that the orders are sought (sic).
As the respondent is not in court, although he was properly served, I grant the following orders
1. The Land Registrar to dispense with the Original title deed for Parcel No. ABOTHUGUCHI/KARIENE/1752 to facilitate implementation of this Court's decree issued on 10th November, 2003.
2. The Executive Officer of this Honourable Court is empowered to execute all the necessary signatures to facilitate the apposite transfer process.
It is so ordered
Delivered in Open court at Meru this 2nd day of October 2014 in the presence of:
Cc. Daniel
Naomi Kanana M'Mworia – Applicant
P. M. NJOROGE
JUDGE