[1998] KECA 136 (KLR)
The court found that its previous orders requiring the production of land title documents and a list of group ranch members had not been complied with by the Chief Land Registrar, Deputy Chief Land Registrar, and the Registrar of Group Representative. The court determined that such non-compliance undermines the...
Source-derived case information.
- Citation
- [1998] KECA 136 (KLR)
- Parties
- Applicant: Issa Leshan Keres & 4 Others; Respondent: Kipoki Oreu Tasur and 10 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 195 of 1998
- Procedural Posture
- Civil Application / Interlocutory Order
- Outcome
- Interlocutory orders issued for enforcement of compliance with previous court orders; warrant of arrest issued against Registrar of Group Representative; application stood over; costs reserved.
- Judges
- RO Kwach, AB Shah, E Owuor
- Legal Topics
- Group Ranch Dissolution, Land Title Registration, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Leshan Keres & 4 Others
Applicant
Kipoki Oreu Tasur and 10 Others
Respondent
Procedural Posture
Civil Application / Interlocutory Order
Legal Issues
- 1 Whether the Deputy Chief Land Registrar and Chief Land Registrar complied with the court's previous order to produce title documents.
- 2 Whether the Registrar of Group Representative complied with the court's order to produce a list of group ranch members as at dissolution in 1992.
- 3 What enforcement measures are appropriate for non-compliance with court orders.
Ratio Decidendi
The court found that its previous orders requiring the production of land title documents and a list of group ranch members had not been complied with by the Chief Land Registrar, Deputy Chief Land Registrar, and the Registrar of Group Representative. The court determined that such non-compliance undermines the authority of the court and the administration of justice. To enforce compliance, the court ordered the personal attendance of the Chief Land Registrar and Deputy Chief Land Registrar with the relevant documents, and issued a warrant of arrest against the Registrar of Group Representative for his failure to appear and produce the required list. The court further directed that the...
Court Disposition
Interlocutory orders issued for enforcement of compliance with previous court orders; warrant of arrest issued against Registrar of Group Representative; application stood over; costs reserved.
Orders
- Chief Land Registrar Mrs Okungu and Deputy Chief Land Registrar Mr Njue to appear before the court on 9th September 1998 at 9:30 a.m. with the Register relating to Shatuka Group Ranch and copies of all titles issued to-date.
- Warrant of arrest issued for Registrar of Group Representative Mr Musembi to be brought before the court on 9th September 1998 at 9:30 a.m.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NAIROBI
civil appl no.nai.195 of 98[1]
ISSA LESHAN KERES & 4 OTHERS.............................APPLICANTS
AND
KIPOKI OREU TASUR AND 10 OTHERS.........................RESPONDENTS
ORDER OF THE COURT
The order of this court directing that the Deputy Chief Land Registrar Mr. Njue appears to-day with copies of the Titles issued after the order of this court made on 3rd September, 1998, has not been complied with. We hereby order that Mrs Okungu the Chief Land Registrar and her Deputy Mr Njue do appear before this court on wednesday 9th of September 1998 at 9. 30 a.m. and do bring with them the Register relating to Shatuka Group Ranch together with copies of all the titles issued to-date.
In respect of the Registrar of Group Representative Mr. Musembi who has been served with the order of this court, made on 17th August, 1998 requiring him to attend with a list of members of the Group Ranch as at the date of dissolution in 1992, which he should have done on 31st August, 1998 but has refused or neglected to do so. We hereby issue a warrant for his arrest, for him to be arrested forthwith and brought to this court on 9th of September, 1998 at 9. 30 a.m. This order be served on OCPD Kilimani police station for his necesssary action.
The application is hereby stood over to 9th of September, 1998. The costs are hereby reserved.
Dated and delivered this 4th day of September, 1998
R.O. KWACH
.................
JUDGE OF APPEAL
A.B. SHAH
.................
JUDGE OF APPEAL
E. OWUOR
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR