[2014] KEHC 19 (KLR)
The court found that the applicants were entitled to enforcement of the judgment awarding them 1 acre each from LR NYANDARUA OLARANGWAI/1980. The 1st respondent, as the registered proprietor, had refused to sign the transfer documents and had not filed any application for stay or appeal. In the absence of any legal...
Source-derived case information.
- Citation
- [2014] KEHC 19 (KLR)
- Parties
- Applicant: Jane Wanjiru Kiarie; Applicant: Esther Njoki Kiarie; Respondent: Maria Wanjiku; Respondent: Isaac Kiarie
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 259 of 2009
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Enforcement Application
- Outcome
- application allowed
- Judges
- DO Ohungo
- Legal Topics
- Transfer of Land, Enforcement of Judgments, Registration of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wanjiru Kiarie
Applicant
Esther Njoki Kiarie
Applicant
Maria Wanjiku
Respondent
Isaac Kiarie
Respondent
Procedural Posture
Civil Suit / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign transfer documents to effectuate the judgment where the registered proprietor refuses to comply.
- 2 Whether the applicants are entitled to enforcement of the judgment awarding them 1 acre each from LR NYANDARUA OLARANGWAI/1980.
Ratio Decidendi
The court found that the applicants were entitled to enforcement of the judgment awarding them 1 acre each from LR NYANDARUA OLARANGWAI/1980. The 1st respondent, as the registered proprietor, had refused to sign the transfer documents and had not filed any application for stay or appeal. In the absence of any legal impediment to enforcement, and to prevent frustration of the court's judgment, the court held that it was proper to authorize the Deputy Registrar to sign all necessary transfer documents on behalf of the respondent to effectuate the transfer of the awarded portions to the applicants.
Court Disposition
application allowed
Orders
- The Deputy Registrar, High Court Nakuru, is authorized to sign the transfer forms and any other documents required to enable the applicants to obtain title for their 1 acre each from LR NYANDARUA OLARANGWAI/1980.
- Costs of this application shall be borne by the respondents.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL SUIT NO.259 OF 2009
JANE WANJIRU KIARIE……………… 1ST APPLICANT
ESTHER NJOKI KIARIE………………. 2ND APPLICANT
VERSUS
MARIA WANJIKU…………………… 1ST RESPONDENT
ISAAC KIARIE ………………………..2ND RESPONDENT
RULING
The application dated 08/05/2014 seeks for orders to issue to the Deputy Registrar of the High Court to sign the transfer forms and any other document as to enable the 1st and 2nd applicants obtain Title for their1acre each from LRNYANDARUA OLARANGWAI/1980 as decretal by the court on 28th July 2008.
The court awarded the applicant an acre each from the aforementioned parcel which is registered in the name of the 1st respondent (their step-mother). The 1st respondent has refused to sign the transfer documents in favour of the applicants thus making it impossible for the judgment to be enforced.
In the supporting affidavit sworn by JANE WANJIKU KIARIE (1st applicant), she deposes that the 1st respondent has refused to meet the surveyors costs, which the applicants met,out of desperation to get their portion. The 1st respondent has sworn never to sign any transfers in favour of her step children.
There is no response to the application. I have perused the court record and confirm there is no application filed staying execution of the decree nor is there anything to suggest that an appeal was filed against the judgment. I have also read through the judgment and I confirm that applicants are entitled to the orders they seek. Consequently the application dated 8th May 2014 is merited and is allowed. The Deputy Registrar High Court, Nakuru do sign the transfer forms and any other documents required to enable the applicants obtain title for their 1 acre each From LR NYANDARUA OLARANGWAI/1980.
Costs of this application shall be borne by the respondents.
Delivered and dated this 1st day of August, 2014 at Nakuru.
H.A. OMONDI
JUDGE