[2012] KEHC 2476 (KLR)
The court found that judgment had already been entered in favour of the applicant for three acres of land by adverse possession, and that the respondent had failed to facilitate the subdivision and transfer as ordered. There was no evidence of any appeal or order setting aside or varying the judgment. The court held...
Source-derived case information.
- Citation
- [2012] KEHC 2476 (KLR)
- Parties
- Plaintiff: Justine Mutegi Nathan; Defendant: Murangiri Ngera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 17 of 2011
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion for Execution of Judgment
- Outcome
- application granted
- Judges
- AM Cockar
- Legal Topics
- Adverse Possession, Land Subdivision, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justine Mutegi Nathan
Plaintiff
Murangiri Ngera
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Execution of Judgment
Legal Issues
- 1 Whether the court should authorize the Executive Officer to sign documents for subdivision and transfer of 3 acres as per the judgment.
- 2 Whether the applicant is entitled to execution of the judgment for adverse possession.
Ratio Decidendi
The court found that judgment had already been entered in favour of the applicant for three acres of land by adverse possession, and that the respondent had failed to facilitate the subdivision and transfer as ordered. There was no evidence of any appeal or order setting aside or varying the judgment. The court held that it was just and proper to grant the orders sought to give effect to its earlier judgment. Accordingly, the court authorized the Executive Officer to sign all relevant documents to enable the subdivision and transfer of the three acres to the applicant, ensuring the judgment is executed and the applicant's rights are realized.
Court Disposition
application granted
Orders
- The court authorizes the Executive Officer of the court to sign all relevant documents to enable the subdivision of land parcel No. MAGUMONI/THUITA/267 and transfer of 3 acres occupied by the applicant in accordance with the court judgment of 3rd January 2009.
- Costs be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT 17 OF 2011
JUSTINE MUTEGI NATHAN.............................................................PLAINTIFF
VERSUS
MURANGIRI NGERA......................................................................DEFENDANT
RULING
The application is a Notice of Motion dated 26th June 2012. It has been brought under SSIA, I, 3A, 63C and E of CPA and Order 51 Rule 1 & 2 of CPR and Articles 1O(2)(b); 159 (2) (a) (b) & (d) of the constitution.
It seeks an order that :-
1. That court do authorize Executive Officer of the court to sign all relevant documents to enable the sub division of parcel No. MAGUMONI/THUITA/267 and transfer of 3 acres occupied by the Applicant in accordance with court judgement herein.
2. That the costs be provided for.
It is premised on one ground:-
1. Court ordered applicant to get 3 acres from subject herein and Respondent have refused to facilitate the subdivision and transfer.
The application is supported by an affidavit sworn by the applicant of even date.
This application is unopposed. I have confirmed from the record that an 3rd January 2009 the learned Kasango, J. entered judgment in favour of the applicant to the effect he has acquired parcel No.MAGUMONI/THUITA/263, three acres thereof by adverse possession. This application seeks to execute the said court judgment.
There is nothing to show that an appeal was lodged against the judgment aforementioned, neither has their been any order to set it aside, varying or reviewing same.
I therefore grant the prayer sought by the applicant in terms of prayers i as prayed:-
1. That the court authorizes the Executive Officer of the court to sign all relevant documents to enable the sub division of land parcel No. MAGUMONI/THUITA/267 and transfer of 3 acres occupied by the Applicant in accordance with court judgement of 3rd January 2009.
2. Costs be in the cause.
Dated, signed and delivered this 31st day of July 2012
LESIIT, J
JUDGE