[2012] KEHC 160 (KLR)

[2012] KEHC 160 (KLR)

The court found that the applicant was entitled to the orders sought because the judgment delivered on 8th June 2007 had already awarded her ½ acre of the specified land parcel. The respondent had not complied with the judgment by executing the necessary transfer documents. To give effect to its judgment and prevent...

Source-derived case information.

Citation
[2012] KEHC 160 (KLR)
Parties
Appellant: Leah Kori Ngairie; Respondent: Elias Ndambiri
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Civil Appeal 27 of 2001
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application
Outcome
Application allowed in terms of prayers 1 and 2; each party to bear its own costs.
Judges
A Ombwayo
Legal Topics
Land Transfer, Court Orders, Mutation Forms, Land Control Board Consent
Source Language
en
Land and Property Land Transfer Court Orders Mutation Forms Land Control Board Consent

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Leah Kori Ngairie

Appellant

Elias Ndambiri

Respondent

Procedural Posture

Civil Appeal / Ruling on Post Judgment Application

Legal Issues

  1. 1 Whether the Deputy Registrar should be appointed to sign necessary documents to facilitate transfer of ½ acre of land awarded to the applicant.
  2. 2 Whether the Land Registrar should dispense with the production of the title deed in effecting the transfer.
  3. 3 Whether costs should be awarded to any party.

Ratio Decidendi

The court found that the applicant was entitled to the orders sought because the judgment delivered on 8th June 2007 had already awarded her ½ acre of the specified land parcel. The respondent had not complied with the judgment by executing the necessary transfer documents. To give effect to its judgment and prevent further delay or frustration of the applicant's rights, the court exercised its discretion to appoint the Deputy Registrar to sign all necessary documents on behalf of the respondent. The court further ordered the Land Registrar to dispense with the production of the title deed to facilitate the transfer. Each party was ordered to bear its own costs, likely in recognition of...

Court Disposition

Application allowed in terms of prayers 1 and 2; each party to bear its own costs.

Orders

  • The Deputy Registrar is appointed to sign all necessary papers, including land mutation forms, application for consent of Land Control Board, transfer forms, and any other relevant documents to facilitate transfer of ½ acre of land parcel No. Ngariama/Kabare/131 to the applicant.
  • The Land Registrar, Kirinyaga, is to dispense with the production of the title deed for land parcel No. Ngariama/Kabare/131 in effecting the said transfer.