[2020] KEELRC 33 (KLR)
The court found that since judgment had already been entered in favour of the Plaintiff and the Defendant had been restrained from interfering with the Plaintiff's possession of the Suit Property, the original title deed deposited in court for safe keeping pursuant to the order of 13/3/2014 should be released to the...
Source-derived case information.
- Citation
- [2020] KEELRC 33 (KLR)
- Parties
- Plaintiff: Grace Wambui Kamau (suing on behalf of Riruta Satelite Women Group); Defendant: Philomena Wambui
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 17 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Discharge Order and Release Title Deed
- Outcome
- application allowed
- Judges
- AK Bor
- Legal Topics
- Limitation of Actions, Registration of Title, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wambui Kamau (suing on behalf of Riruta Satelite Women Group)
Plaintiff
Philomena Wambui
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Discharge Order and Release Title Deed
Legal Issues
- 1 Whether the order of Nyamweya J. made on 13/3/2014 should be discharged.
- 2 Whether the original title deed deposited in court should be released to the Plaintiff.
Ratio Decidendi
The court found that since judgment had already been entered in favour of the Plaintiff and the Defendant had been restrained from interfering with the Plaintiff's possession of the Suit Property, the original title deed deposited in court for safe keeping pursuant to the order of 13/3/2014 should be released to the Plaintiff. The court allowed prayer 2 of the application, ordering the immediate release of the title deed to the Plaintiff.
Court Disposition
application allowed
Orders
- The original title deed deposited in court for safe keeping pursuant to the order of 13/3/2014 will be released to the Plaintiff forthwith.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MILIMANI
ELC. MISC. CAUSE NO. 17 OF 2009
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT (CAP 22) LAWS OF KENYA
AND
IN THE APPLICATION BY RIRUTA SATELLITE WOMEN UMOJA GROUP
UNDERSECTON 38 OF THE LIMITATION OF ACTIONS ACT FOR
REGISTRATION OF TITLE TO LAND
GRACE WAMBUI KAMAU.............................................................................PLAINTIFF
(Suing on behalf of Riruta Satelite Women Group)
VERSUS
PHILOMENA WAMBUI.................................................................................DEFENDANT
RULING
The Plaintiff brought the application dated 3/3/2020 seeking to have the order of Nyamweya J. made on 13/3/2014 discharged and to have the original title deed in respect of Dagoretti/Riruta/S.68 (“the Suit Property”) deposited in court pursuant to the order of 13/3/2014 released to the Plaintiff.
The application was made on the grounds that this court gave judgment in favour of the Plaintiff and restrained the Defendant from interfering with the Plaintiff’s quiet possession of the Suit Property.
The court has looked at the order made by Nyamweya J. on 13/3/2014. The parties agreed to have the original title deed issued to the Plaintiff over the Suit Property deposited in court for safe keeping and the issue of costs was to be agreed upon when the suit was finalised.
The court allows prayer 2 of the application. The original title deed deposited in court for safe keeping pursuant to the order of 13/3/2014 will be released to the Plaintiff forthwith.
Delivered virtually at Nairobi this 5th day of October, 2020.
K. BOR
JUDGE
In the presence of: -
Mr. K. Wekesa holding brief for Mr. A. Karani for the Plaintiff
No appearance for the Defendant
Mr. V. Owuor- Court Assistant