[2008] KEHC 1937 (KLR)
The court found that the applicants, by virtue of the decree issued on 11th March, 2002, were entitled to the vesting orders sought in respect of the specified plots. The court exercised its powers under the Civil Procedure Rules and the Civil Procedure Act to grant the vesting orders, direct the applicants to...
Source-derived case information.
- Citation
- [2008] KEHC 1937 (KLR)
- Parties
- Applicant: Kai Gari Washe; Applicant: Chema Ngolanya Mudzi; Defendant: The Legal Representative of the Estate of Kathleen Shell MacDonald (also known as Sheila Norton)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 208 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Vesting Orders
- Outcome
- Applications allowed. Vesting orders granted as prayed.
- Legal Topics
- Vesting Orders, Land Title Registration, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kai Gari Washe
Applicant
Chema Ngolanya Mudzi
Applicant
The Legal Representative of the Estate of Kathleen Shell MacDonald (also known as Sheila Norton)
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Vesting Orders
Legal Issues
- 1 Whether the applicants are entitled to vesting orders for the specified plots based on the court's decree of 11th March, 2002.
- 2 Whether the applicants should be registered as proprietors of the respective plots in fee simple.
Ratio Decidendi
The court found that the applicants, by virtue of the decree issued on 11th March, 2002, were entitled to the vesting orders sought in respect of the specified plots. The court exercised its powers under the Civil Procedure Rules and the Civil Procedure Act to grant the vesting orders, direct the applicants to retain licensed surveyors for re-survey, and ordered the Registrar of Titles to register the applicants as proprietors in fee simple. The court was satisfied that the requirements for granting vesting orders had been met, and that the applicants were entitled to the reliefs sought as a matter of right flowing from the earlier decree.
Court Disposition
Applications allowed. Vesting orders granted as prayed.
Orders
- Kai Gari Washe is granted a vesting order for plot subdivision Number 1648/III/MN.
- Chema Ngolanya Mudzi is granted vesting orders for plot subdivisions Numbers 1650/III/MN and 1651/III/MN.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Misc. Civ. Appli. 208 of 2001 (OS)
KAI GARI WASHE & 33 OTHERS ……………….…… APPLICANTS
A N D
THE LEGAL REPRESENTATIVE OF THE ESTATE
OF KATHLEEN SHELL MACDONALD (ALSO KNOWN AS
SHEILA NORTON ………….……..……………………… DEFENDANT
R U L I N G
There are two separate applications before the court by two applicants – Kai Gari Washe and Chema Ngolanya Mudzi. The applications are made by ex parte chamber summons dated 6th June, 2008, and brought under Order XXXVI rules 1, 2 and 3 (2) of the Civil Procedure Rules, and section 3A of the Civil Procedure Act.
The applicants seek vesting orders in respect of some stated plots of land on the basis of a decree of this court dated 11th March, 2002. By virtue of that decree, they are entitled to the orders as prayed.
I accordingly make the following orders –
1. That KAI GARI WASHE be and is hereby granted a
vesting order for plot subdivision Number
1648/III/MN.
2. That CHEMA NGOLANYA MUDZI be and is hereby
granted a vesting order for plot subdivisions Numbers
1650/III/MN and 1651/III/MN.
3. Each applicant do retain a licensed surveyor to re-
survey the respective plots for the purpose of
processing new deed plans in respect thereof.
4. The Registrar of Titles, Mombasa, do register the
Applicants as the respective proprietors in fee simple
of the aforesaid plots.
5. Costs in the cause.
Dated and delivered at Mombasa this 27th day of June, 2008.
L. NJAGI
JUDGE