[2018] KEELC 3366 (KLR)
The court found that there was a valid consent judgment dated 8.11.2016 requiring the defendant, Ali Musa, to execute all transfer instruments to transfer his ¼ share of plot No. 28B Kangeta Market to the plaintiff, Ibrahim Musa Mohammed. The defendant's refusal to execute the transfer documents, despite repeated...
Source-derived case information.
- Citation
- [2018] KEELC 3366 (KLR)
- Parties
- Plaintiff: Ibrahim Musa Mohammed; Defendant: Ali Musa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 70 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Execution of Consent Judgment
- Outcome
- application allowed
- Legal Topics
- Transfer of Land, Execution of Judgment, Consent Judgment, Market Plot Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Musa Mohammed
Plaintiff
Ali Musa
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Execution of Consent Judgment
Legal Issues
- 1 Whether the court should empower the executive office to execute transfer documents for Ali Musa's share in plot No. 28B Kangeta Market to the applicant in light of the consent judgment.
- 2 Whether the respondent's refusal to execute the transfer warrants court intervention.
Ratio Decidendi
The court found that there was a valid consent judgment dated 8.11.2016 requiring the defendant, Ali Musa, to execute all transfer instruments to transfer his ¼ share of plot No. 28B Kangeta Market to the plaintiff, Ibrahim Musa Mohammed. The defendant's refusal to execute the transfer documents, despite repeated requests, constituted non-compliance with the court's judgment. To ensure the applicant enjoys the fruits of the judgment and to prevent further injustice, the court held that it was appropriate to empower the executive office to execute the relevant transfer documents on behalf of the defendant. The application was therefore merited and allowed as drawn.
Court Disposition
application allowed
Orders
- The executive office is empowered to execute the relevant transfer documents to effect the transfer of Ali Musa’s share in plot No. 28B Kangeta Market to Ibrahim Musa Mohammed in conformity with the judgment delivered on 8.11.2016.
- Costs for and incidental to this application shall be costs in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO 70 OF 2015
IBRAHIM MUSA MOHAMMED..........................................PLAINTIFF
VERSUS
ALI MUSA............................................................................DEFENDANT
RULING
1. This ruling is in respect of an application dated 5th April 2018 whereby the applicant is seeking the following orders;
i. Spent.
ii. That this honourable court be pleased to empower the executive office to execute the relevant transfer documents to effect the transfer of Ali Musa’s share in plot No. 28 B Kangeta Market to Ibrahim Musa Mohammed, the applicant in conformity with the judgment delivered on 8. 11. 2016.
iii. That costs for and incidental to this application be costs in the cause.
2. The grounds in support of the application are that:
i. The respondent Ali Musa has refused to execute transfer in favour of the applicant Ibrahim Musa Mohammed in contravention of the consent judgment of 8. 11. 2016.
ii. The respondent is not ready to execute the transfer despite numerous pleas.
iii. The applicant will continue suffering and is not enjoying the fruits of the consent judgment entered on 8. 11. 2016.
3. The applicant has also sworn an affidavit in support of the application.
4. A perusal of the file indeed reveals that there is a consent judgment dated 8. 11. 2016. The said judgment indicates that defendant Ali Musa Mohamed was to execute all transfer instruments to transfer the ¼ share of plot No. 28B Kangeta Market to the plaintiff. The present application is hence meant to effectuate that judgment.
5. I therefore find that the application is merited and is allowed as drawn in the following terms;
i. That this honourable court be pleased to empower the executive office to execute the relevant transfer documents to effect the transfer of Ali Musa’s share in plot No. 28 B Kangeta Market to Ibrahim Musa Mohammed, the applicant in conformity with the judgment delivered on 8. 11. 2016.
ii. That costs for and incidental to this application be costs in the cause.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 16th DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Kithinji for plaintiff present
Defendant absent
HON. LUCY. N. MBUGUA
ELC JUDGE