[2015] KEHC 6777 (KLR)
The court found that the plaintiffs had already obtained judgment for adverse possession and were entitled to be registered as proprietors of the suit land. The defendant's refusal to execute the necessary transfer documents was an attempt to frustrate the court's decree. Since the decree must be implemented, and...
Source-derived case information.
- Citation
- [2015] KEHC 6777 (KLR)
- Parties
- Plaintiff: Kipkoech Arap Langat; Plaintiff: Richard Kipng'eno Mutai; Defendant: Kipng'eno Arap Laboso
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Case 124 of 2014
- Procedural Posture
- Civil Case / Post Judgment Application for Execution
- Outcome
- Application allowed with costs.
- Legal Topics
- Adverse Possession, Land Transfer, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkoech Arap Langat
Plaintiff
Richard Kipng'eno Mutai
Plaintiff
Kipng'eno Arap Laboso
Defendant
Procedural Posture
Civil Case / Post Judgment Application for Execution
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute transfer documents for land parcel Kericho/Kapsimbiri/527 in place of the defendant due to his refusal to comply with the court's decree.
- 2 Whether the plaintiffs are entitled to costs of the application.
Ratio Decidendi
The court found that the plaintiffs had already obtained judgment for adverse possession and were entitled to be registered as proprietors of the suit land. The defendant's refusal to execute the necessary transfer documents was an attempt to frustrate the court's decree. Since the decree must be implemented, and there was no opposition to the application, the court allowed the Deputy Registrar to execute all requisite forms to effect the transfer of land to the plaintiffs as decreed. The application was allowed with costs to the plaintiffs.
Court Disposition
Application allowed with costs.
Orders
- The Deputy Registrar, Kericho High Court, is directed to execute the transfer forms, application for consent of the Land Control Board, and any other documents required to effect a valid transfer of land parcel Kericho/Kapsimbiri/527 in favour of the plaintiffs in compliance with the judgment and decree.
- Costs of the application are awarded to the plaintiffs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CIVIL CASE NO.124 OF 2004 (O.S)
KIPKOECH ARAP LANGAT...............................1ST PLAINTIFF
RICHARD KIPNG'ENO MUTAI..........................2ND PLAINTIFF
VERSUS
KIPNG'ENO ARAP LABOSO................................DEFENDANT
RULING
(Application to have Deputy Registrar execute forms to transfer land to the plaintiffs; plaintiffs having succeeded in their claim for adverse possession; defendant refusing to sign the requisite transfer forms; application allowed with costs)
The application before me is that dated 15 September 2014. It seeks the following orders :-
(i) That the Deputy Registrar Kericho High Court do execute the transfer forms, the application for consent of the Land Control Board and any other or further document as may be required to effect a valid transfer of land parcel Kericho/Kapsimbiri/527 in favour of the plaintiffs in compliance with the judgment and decree of this Honourable Court.
(ii) That costs of the application be provided for.
The plaintiffs instituted this suit claiming to have acquired title by way of adverse possession, to the land parcel Kericho/Kapsimbiri/527 (the suit land). Judgment was entered in their favour on 17 February 2011 and the court decreed inter alia that the name of the defendant be deleted as proprietor of the suit land, and the plaintiffs be registered as joint proprietors in place of the defendant. That decree still stands.
In this application, the plaintiffs have averred that the defendant has failed to execute the requisite transfer forms and application for consent of the Land Control Board. That is the reason they have sought orders to have the Deputy Registrar execute the said forms.
The defendant has not filed anything to oppose the application. The decree of the court has to be effected, and on my part, I see no reason why I should not allow the application.
The application is hereby allowed with costs. I direct the Deputy Registrar to execute all requisite forms to have the land transferred to the plaintiffs as decreed.
It is so ordered.
Dated, signed and delivered in open court this 29th day of January, 2015
MUNYAO SILA
JUDGE,
ENVIRONMENT AND LAND COURT
In the presence of
Miss Adisa for the Applicant
No appearance for M/s Mitey & Associate Advocates for the Respondent
Lilian- court assistant