[2013] KEHC 2196 (KLR)
The court found that the application was justified as it sought to facilitate the execution of an existing court order that had already directed the registration of the land parcel in the applicant's name. Since the order had not been executed, empowering the Deputy Registrar to sign and execute the necessary...
Source-derived case information.
- Citation
- [2013] KEHC 2196 (KLR)
- Parties
- Applicant: Magdalene Ntarara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 15 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Land Transfer, Execution of Judgment, Registration of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magdalene Ntarara
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Deputy Registrar should be empowered to sign and execute documents to effect the transfer of Land Parcel No. NYAKI/THUURA/789 into the applicant's name.
- 2 Whether the application is necessary to facilitate execution of an existing court order.
Ratio Decidendi
The court found that the application was justified as it sought to facilitate the execution of an existing court order that had already directed the registration of the land parcel in the applicant's name. Since the order had not been executed, empowering the Deputy Registrar to sign and execute the necessary documents was appropriate to ensure compliance with the court's directive and to prevent further delay or frustration of the applicant's rights.
Court Disposition
application allowed
Orders
- The Deputy Registrar of the High Court at Meru shall sign and execute the necessary documents to effect the transfer of Land Parcel No. NYAKI/THUURA/789 into the names of Magdalene Ntarara.
- Costs to follow the event.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO. 15 OF 2011
IN THE MATTER OF LAND PARCEL NUMBER NYAKI/THUURA/789
AND
IN THE MATTER OF AN APPLICATION BY MAGDALENE NTARARA
MAGDALENE NTARARA..................................................EXPARTE
R U L I N G
The exparte application by Chamber Summons herein is premised on the provisions of law set out on its fact. It seeks Orders:
that this application be certified urgent and be herd ex- parte in the first instance.
That the Deputy Registrar be empowered to sign and execute the necessary documents to effect the transfer of Land Parcel No. Nyaki/Thuura/789 into the names of MAGDALENE NTARARA,
There is already a ruling made by the Hon. Lady Justice Lesiit, J., on 6th February, 2012 ordering that Land Parcel No. NYAKI/THUURA/789be registered in the names of the Applicant MAGDALENE NTARARA.The advocate for the applicant has explained that this application is meant to facilitate the execution of the said order.
In the circumstances, I allow the application in the following manner:
THAT the Deputy Registrar of this Court should sign and execute the necessary documents to effect the transfer of Land Parcel NO.NYAKI/THUURA/789 into the names of MAGDALENE NTARARA.
Costs to follow the event.
DATED, DELIVERED AND SIGNED in Open court this 16th day of July, 2013 in the presence of: Miss Nelima h/b for Mosota for applicant
P. M. NJOROGE
JUDGE