[2015] KEHC 5827 (KLR)

[2015] KEHC 5827 (KLR)

The court found that the plaintiff, as trustee and holder of the original Title Deed for L.R No. MWEA/TEBERE/B/61, had refused to produce the Title Deed, thereby preventing execution of the judgment for equal sharing of the property among family members. Since the application was unopposed and the refusal frustrated...

Source-derived case information.

Citation
[2015] KEHC 5827 (KLR)
Parties
Plaintiff: Jason Gitimu Wang’ara; Defendant: Martin Munene Wang’ara; Defendant: John Mutugi; Defendant: Simon Muchiri; Defendant: Francis Githaka; Defendant: John Karatu; Defendant: Joseph Muchiri; Defendant: Joseph Muriithi Wang’ara; Defendant: Lazarius Githaka; Defendant: Charles Warui; Defendant: Simon Ndege; Defendant: Francis Muturi; Defendant: Francis Gachoko; Defendant: Peter Agiri; Defendant: Onesmus Mathike
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
20 March 2015
Case Number
Environment & Land Case 278 of 2013
Procedural Posture
Miscellaneous Application / Post Judgment Application for Execution Orders
Outcome
Application allowed. Prayers 2 and 3 of the Notice of Motion dated 13th January 2014 granted. No order as to costs.
Judges
BN Olao
Legal Topics
Execution of Judgment, Partition of Land, Trusteeship, Title Deed Production
Source Language
english
Land and Property Civil Procedure Execution of Judgment Partition of Land Trusteeship Title Deed Production

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Jason Gitimu Wang’ara

Plaintiff

Martin Munene Wang’ara

Defendant

John Mutugi

Defendant

Simon Muchiri

Defendant

Francis Githaka

Defendant

John Karatu

Defendant

Joseph Muchiri

Defendant

Joseph Muriithi Wang’ara

Defendant

Lazarius Githaka

Defendant

Charles Warui

Defendant

Simon Ndege

Defendant

Francis Muturi

Defendant

Francis Gachoko

Defendant

Peter Agiri

Defendant

Onesmus Mathike

Defendant

Procedural Posture

Miscellaneous Application / Post Judgment Application for Execution Orders

Legal Issues

  1. 1 Whether the Land Registrar can be ordered to dispense with the original Title Deed for registration of the partition of L.R No. MWEA/TEBERE/B/61.
  2. 2 Whether the Officer Commanding Wanguru Police Station should provide security during the partitioning exercise.
  3. 3 Whether the plaintiff's refusal to produce the original Title Deed frustrates execution of the court's judgment.

Ratio Decidendi

The court found that the plaintiff, as trustee and holder of the original Title Deed for L.R No. MWEA/TEBERE/B/61, had refused to produce the Title Deed, thereby preventing execution of the judgment for equal sharing of the property among family members. Since the application was unopposed and the refusal frustrated the court's previous orders, the court exercised its inherent jurisdiction under Section 3A of the Civil Procedure Act to grant the orders sought. The Land Registrar was authorized to dispense with the production of the original Title Deed for purposes of registration, and the Officer Commanding Wanguru Police Station was directed to provide security during the partitioning...

Court Disposition

Application allowed. Prayers 2 and 3 of the Notice of Motion dated 13th January 2014 granted. No order as to costs.

Orders

  • The Land Registrar Kirinyaga shall dispense with the production of the original Title Deed in respect of land parcel No. MWEA/TEBERE/B/61 during registration of the transaction for the parties to obtain their shares pursuant to the court orders of 26th August 2013.
  • The Officer Commanding Wanguru Police Station shall provide security during the partitioning/sub-division exercise.