[2016] KEHC 2732 (KLR)
The court found that judgment had already been entered in favour of the applicant for adverse possession, and the respondent had been ordered to execute all necessary transfer instruments within 30 days. The respondent failed to comply with this order. In such circumstances, the law empowers the court to direct the...
Source-derived case information.
- Citation
- [2016] KEHC 2732 (KLR)
- Parties
- Plaintiff: Kimagut Arap Mogeso; Defendant: Simeon Kipkemoi Maru
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 42 of 2008
- Procedural Posture
- Civil Suit / Post Judgment Application for Execution of Transfer Instruments
- Outcome
- Application allowed.
- Judges
- MA Silau
- Legal Topics
- Adverse Possession, Transfer of Land, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimagut Arap Mogeso
Plaintiff
Simeon Kipkemoi Maru
Defendant
Procedural Posture
Civil Suit / Post Judgment Application for Execution of Transfer Instruments
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute transfer documents on behalf of the respondent due to non-compliance with the court's judgment.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that judgment had already been entered in favour of the applicant for adverse possession, and the respondent had been ordered to execute all necessary transfer instruments within 30 days. The respondent failed to comply with this order. In such circumstances, the law empowers the court to direct the Deputy Registrar to execute the required documents to ensure the judgment is given effect. The court saw no reason to decline the application, as the respondent had not opposed it and the applicant was entitled to the fruits of his judgment. Accordingly, the application was allowed, and the Deputy Registrar was ordered to execute all necessary documents to transfer the suit...
Court Disposition
Application allowed.
Orders
- The Deputy Registrar, Kericho, shall sign all documents required to be executed by the respondent to transfer land parcel Kericho/Kapsuser/2156 to the applicant.
- The applicant shall have the costs of this application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT KERICHO
CIVIL SUIT NO. 42 OF 2008
KIMAGUT ARAP MOGESO………………..………………….PLAINTIFF
VERSUS
SIMEON KIPKEMOI MARU .…………………………………… DEFENDANT
RULING
(Application to have the Deputy Registrar execute instruments of transfer for certain land; judgment already entered for the applicant; application allowed).
The application before me is that dated 29th April 2016. It seeks orders to have the Deputy Registrar, Kericho Law Courts, execute transfer forms to the plaintiff in respect of the land parcel Kericho/Kapsuser/2156.
In this case, the applicant had sued the respondent for a declaration that he has acquired title to the land parcel Kericho/Kapsuser/2156 by way of adverse possession. The matter was heard and judgment delivered on 29th May 2015 in favour of the applicant. The respondent was given 30 days to execute all instruments required to transfer the suit property to the applicant.
In this application, the applicant contends that the respondent has failed to execute the documents.
I have no reason to decline the application. I allow it. I order the Deputy Registrar, Kericho, to sign all documents required to be executed by the respondent, so as to transfer the land parcel Kericho/Kapsuser/2156to the applicant and otherwise give effect to the judgment herein. The applicant shall also have the costs of this application.
It is so ordered.
Dated, Signed and delivered on this 2nd day of September, 2016
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
PRESENT
Mr. Kitur present for Applicant
No appearance for Respondent
Court Assistant; Mr. Kenei