[2007] KEHC 2540 (KLR)
The court found that the defendant had failed to comply with a decree issued several years prior, which was based on an arbitration award adopted by consent of the parties and entered as a judgment of the court. There was no evidence of an appeal against the judgment. Given the defendant's non-compliance and absence...
Source-derived case information.
- Citation
- [2007] KEHC 2540 (KLR)
- Parties
- Plaintiff: Julia Mangangi; Defendant: M’Bundi M’Ringithia alias Janaru Mutuma; Applicant: M’Mbwiria M’Ringithia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 63 of 1986
- Procedural Posture
- Civil Case / Ruling on Ex Parte Application for Execution of Decree
- Outcome
- application allowed
- Legal Topics
- Trust of Land, Execution of Decree, Arbitration Award Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julia Mangangi
Plaintiff
M’Bundi M’Ringithia alias Janaru Mutuma
Defendant
M’Mbwiria M’Ringithia
Applicant
Procedural Posture
Civil Case / Ruling on Ex Parte Application for Execution of Decree
Legal Issues
- 1 Whether the court should empower its officer to execute transfer documents for subdivision and registration of the suit land in accordance with the decree.
- 2 Whether the defendant's failure to comply with the decree justifies the intervention of the court.
Ratio Decidendi
The court found that the defendant had failed to comply with a decree issued several years prior, which was based on an arbitration award adopted by consent of the parties and entered as a judgment of the court. There was no evidence of an appeal against the judgment. Given the defendant's non-compliance and absence from the proceedings, the court held that the beneficiaries of the decree are entitled to seek the court's assistance in executing the judgment. Accordingly, the court ordered that the Deputy Registrar execute all relevant documents to effect the subdivision and registration of the suit land in accordance with the decree, ensuring that the beneficiaries receive their...
Court Disposition
application allowed
Orders
- The Deputy Registrar of the court shall execute all relevant documents in respect of the subdivision and registration of parcel No. L.Abothuguchi/L.Kaongo/14 in terms of the decree.
- No orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Civil Case 63 of 1986
JULIA MANGANGI ………………………...…………………… PLAINTIFF
VERSUS
M’BUNDI M’RINGITHIA ALIAS JANARU MUTUMA .…..…DEFENDANT
M’MBWIRIA M’RINGITHIA ……………………......………….. APPLICANT
RULING
This application was argued ex parte as the respondent did not respond to it or appear in court on the hearing date. However, before I consider the application which, in the main, is seeking an order empowering the Executive Officer of this court to execute transfer documents in respect of the suit property, it is proper to outline briefly the genesis of this dispute. The applicant’s father Julia Manga’ngi M’Rigithia brought the suit herein against his son, M’Bundi M’Rigithia alias Janaru Mutuma claiming parcel of Land No.U-Abothuguchi/L.Kaongo/14 (the suit land) measuring 13. 41 acres.
That claim was based on the ground that the suit land was initially the plaintiff’s, who decided to have it registered in the name of the defendant to hold in trust for the rest of the family members.
That the defendant breached the trust by refusing to sub-divide and register the divisions in favour of the members of the family. The defendant, of course denied these averments in his defence. On 23rd September, 1986 the High Court (Torgbor, J) directed, by consent of the parties, that the dispute be referred to arbitration by the D.O North Imenti.
On 8th June, 1987 the award of the arbitration was filed and on 9th July, 1987 judgment entered in terms of the award and a decree drawn. The arbitrators found that the suit land was held in trust and ordered that it be shared between the plaintiff’s sons as follows;
- Bundi Rigithia (the defendant) – 8. 41 Acres
- M’Mbwiria M’Riugithia(the applicant) – 2. 5 acres
- Joseph Ntatho – 2. 5 acres
It is alleged in the present application that the defendant/respondent has failed and/or refused to satisfy the decree. As I have stated the defendant/respondent has not participated in this application hence the court cannot speculate on why he has failed to comply with a decree issued several years ago. There is no evidence that the plaintiff appealed against the judgment. The applicant and the other two beneficiaries are not without a remedy.
In view of the clear judgment herein it is ordered that the Deputy Registrar of this court shall execute all relevant documents in respect of the sub-division and registration of parcel No.L.Abothuguchi/L.Kaongo/14 in terms of the decree.
No orders as to costs.
DATED AND DELIVERED AT MERU THIS 15TH DAY OF JUNE, 2007
W. OUKO
JUDGE