[2024] KEHC 9412 (KLR)
The court found that the applicant was entitled to enforcement of the prior distribution order as the respondents had failed to cooperate and there was no evidence of an appeal or stay. To prevent frustration of the court's judgment and abuse of process, the court exercised its inherent powers to authorize the...
Source-derived case information.
- Citation
- [2024] KEHC 9412 (KLR)
- Parties
- Applicant: Matheri Isaac Nguru; Respondent: Charles Gathuthi Muchoki; Respondent: Richard Murage Muchoki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 767 of 2015
- Procedural Posture
- Succession Cause / Ruling on Enforcement Application
- Outcome
- application allowed
- Judges
- DKN Magare
- Legal Topics
- Administration of Estates, Enforcement of Court Orders, Transfer of Land, Non Cooperation of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matheri Isaac Nguru
Applicant
Charles Gathuthi Muchoki
Respondent
Richard Murage Muchoki
Respondent
Procedural Posture
Succession Cause / Ruling on Enforcement Application
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute transfer forms for LR No Mweiga Block 4/Mwireri/112 on behalf of the respondents due to their non-cooperation.
- 2 Whether the Land Registrar should be ordered to dispense with the respondents' mandatory documents and issue a title deed to the applicant.
- 3 Whether costs should be awarded.
Ratio Decidendi
The court found that the applicant was entitled to enforcement of the prior distribution order as the respondents had failed to cooperate and there was no evidence of an appeal or stay. To prevent frustration of the court's judgment and abuse of process, the court exercised its inherent powers to authorize the Deputy Registrar to execute the necessary transfer documents on behalf of the respondents and directed the Land Registrar to dispense with the respondents' mandatory documents. The application was allowed as prayed, with no order as to costs.
Court Disposition
application allowed
Orders
- The Deputy Registrar shall execute the Transfer Forms in respect of LR No Mweiga Block 4/Mwireri/112 on behalf of the Respondents to transfer the property to the Applicant.
- The Nyeri County Land Registrar is directed to dispense with the requirement for the production of the Respondents’ Identity Card, PIN Certificate, Passport or any other mandatory documents and to issue a title deed in respect of LR No Mweiga Block 4/Mwireri/112 in absence of the said documents.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Muchoki Gathuthi (Deceased) (Succession Cause 767 of 2015) [2024] KEHC 9412 (KLR) (25 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9412 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 767 of 2015
DKN Magare, J
July 25, 2024
Between
Matheri Isaac Nguru
Applicant
and
Charles Gathuthi Muchoki
1st Respondent
Richard Murage Muchoki
2nd Respondent
Ruling
1. This is a Ruling in respective of the application dated 28/5/2024.
2. The Application seeks the following prayers:a.The Deputy Registrar do execute the transfer forms in respect of LR No Mweiga Block 4/Mwireri/112 on behalf of the Respondents.b.Nyeri County Land Registrar be ordered to dispense with the production of the respondent’s Identity card, PIN certificate, passport or any other mandatory documents and issue a title deed in respect of LR No Mweiga Block 4/Mwireri/112 in absence of the said documents.c.Costs be in the cause.
3. The application is based on the grounds inter alia that there is a ruling dated 12/3/2020 in favour of the Applicant distributing the suit property to the Applicant.
4. The Applicant filed a supporting affidavit deposing that the Respondents ignored the ruling and distribution schedule of court after several formal requests and reminders hence this application. The forms are attached to the Supporting Affidavit.
5. The application is not opposed.
Analysis 6. I note that the main prayers in the application are in the nature of the enforcement of the Ruling of this court and the consequential distribution as propounded. The same is valid and due for implementation as there is no evidence of appeal or stay order in place. There is no doubt that the Respondents are highly unlikely to cooperate with the Applicant. Even these proceedings are evidence. The court In Re Estate of Wilfred Munene Ngumi (deceased)(supra) while allowing the application for the Deputy Registrar of the court to execute completion documents thus held as follows:“…It is evident from the Applicant’s affidavit in support of the application and oral arguments by her Advocate Mr. Kahiga, that the Respondents have refused to sign the necessary documents to facilitate execution of the court’s judgment/decree. To prevent abuse of the court process, by the above legal provisions, this court has inherent powers to prevent such abuse. I therefore find and hold that the petitioner’s summons dated 23/9/2019 and filed on 25/9/2019 to be merited…”
7. I am inclined to allow the application.
Determination 8. In the circumstances I make the following orders: -a.The Deputy Registrar shall execute the Transfer Forms in respect of LR No Mweiga Block 4/Mwireri/112 on behalf of the Respondents to transfer the property to the Applicant.b.The Nyeri County Land Registrar is hereby directed to dispense with the requirement for the production of the Respondents’ Identity Card, PIN Certificate, Passport or any other mandatory documents and to issue a title deed in respect of LR No Mweiga Block 4/Mwireri/112 in absence of the said documents.c.There shall be no order as to costs.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 25TH DAY OF JULY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Applicant presentNo appearance for the RespondentsCourt Assistant – Jedidah