[2011] KEHC 3409 (KLR)
The court found that the applicant was entitled to 5.4 hectares of land as awarded by the arbitrator and adopted as a judgment of the court. The respondent's refusal to sign the mutation and transfer forms constituted non-compliance with the court's judgment. To prevent frustration of the judgment and ensure its...
Source-derived case information.
- Citation
- [2011] KEHC 3409 (KLR)
- Parties
- Applicant: Kiplangat Arap Barta; Respondent: Sarah Chesiele Barta
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 32 of 1996
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Application for Execution
- Outcome
- application allowed
- Legal Topics
- Land Transfer, Execution of Judgment, Mutation Forms, Court Orders, Arbitration Award Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiplangat Arap Barta
Applicant
Sarah Chesiele Barta
Respondent
Procedural Posture
Civil Suit / Ruling on Post Judgment Application for Execution
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign mutation forms and transfer documents on behalf of the respondent who has refused to comply with a court judgment.
- 2 Whether the applicant is entitled to enforcement of the arbitral award adopted as a judgment of the court.
Ratio Decidendi
The court found that the applicant was entitled to 5.4 hectares of land as awarded by the arbitrator and adopted as a judgment of the court. The respondent's refusal to sign the mutation and transfer forms constituted non-compliance with the court's judgment. To prevent frustration of the judgment and ensure its enforcement, the court exercised its power to authorize the Deputy Registrar to sign the necessary documents on behalf of the respondent. This action was necessary to give effect to the judgment and uphold the applicant's rights as determined by the arbitral award and the court's adoption thereof.
Court Disposition
application allowed
Orders
- The Deputy Registrar shall sign the mutation forms and transfer instrument to subdivide land title No. L.R. KERICHO/KIMULOT/514 into two portions of 5.4 hectares each and transfer one portion of 5.4 hectares to the applicant, Kiplangat Arap Barta.
- The costs of this application shall be borne by the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CIVIL SUIT NO. 32 OF 1996
KIPLANGAT ARAP BARTA………………………………….PLAINTIFF
VERSUS
SARAH CHESIELE BARTA..……………………............... DEFENDANT
RULING
The Applicant, KIPLANGAT BARTA, seeks in his application dated 31st August, 2010 an order that the Deputy Registrar of this court do sign the Mutation forms and the Transfer of land parcel NO. L.R. KERICHO/KIMULOT/514 in place and/or on behalf of the Defendant, SARAH CHESIELE BARTA, who has refused to sign.
I have perused the application and the affidavit in support thereof sworn on 19th November, 2010 by the Applicant. I have also duly considered the submission of Mr. Chelule, the learned counsel for the Applicant.
It is plain to see that in the award of the arbitrator (Mrs. A. C. Bett) dated 30th May, 2001 which was adopted as a judgment of this court, the Applicant was awarded 5. 4 hectares of the land comprised in land title No. KERICHO/KIMULOT/514. This is the portion the Respondent is obligated to transfer to the Applicant. As he has refused to do so, I allow the Applicant’s application dated 31st August, 2010 and order that the Deputy Registrar shall sign Mutation forms and Transfer instrument to have subdivided land title No. L.R. KERICHO/KIMULOT/514 into two portions of 5. 4 hectares each and do transfer one portion of 5. 4 hectares to the Applicant, KIPLANGAT ARAP BARTA.
The costs of this application shall be borne by the Respondent who has rendered this application necessary.
DATEDat KERICHO this 23rd day of February, 2011
G.B.M. KARIUKI, sc
RESIDENT JUDGE
Advocates
Mr. Chelule Advocate for the Applicant
No appearance by Advocate Motanya for the Respondent
Court Clerk – Mr. Koech