[2018] KEELC 2716 (KLR)
With the withdrawal of the appeal, there was no longer any legal impediment to the execution of the lower court judgment delivered on 17.2.2011. The court found that the applicant had no other forum for pursuing execution, as the lower court file was now part of the present proceedings. To ensure the judgment was...
Source-derived case information.
- Citation
- [2018] KEELC 2716 (KLR)
- Parties
- Plaintiff: Mary Ntiba (Suing as legal representative of the estate of Maliamu Ncurubi M’Ibiri); Defendant: Francis M’Manyara M’Ringera alias Imanyara Ringera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 80 of 2002
- Procedural Posture
- Land and Property Application / Ruling on Execution Application Post Appeal Withdrawal
- Outcome
- application allowed
- Legal Topics
- Execution of Judgment, Transfer of Land, Subdivision of Land, Court Authorized Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Ntiba (Suing as legal representative of the estate of Maliamu Ncurubi M’Ibiri)
Plaintiff
Francis M’Manyara M’Ringera alias Imanyara Ringera
Defendant
Procedural Posture
Land and Property Application / Ruling on Execution Application Post Appeal Withdrawal
Legal Issues
- 1 Whether the court should authorize execution of the lower court judgment following withdrawal of the appeal.
- 2 Whether the Deputy Registrar should be empowered to execute transfer documents for the suit property in the absence of the respondent.
Ratio Decidendi
With the withdrawal of the appeal, there was no longer any legal impediment to the execution of the lower court judgment delivered on 17.2.2011. The court found that the applicant had no other forum for pursuing execution, as the lower court file was now part of the present proceedings. To ensure the judgment was not rendered nugatory and to prevent further delay or frustration, the court exercised its powers to authorize the Deputy Registrar to execute the necessary transfer documents for the subdivided land parcels in favour of the applicant. The court further directed the Land Registrar to dispense with the production of original documents from the respondent, thereby removing any...
Court Disposition
application allowed
Orders
- The Deputy Registrar is authorized to execute transfer documents for L.R No. Nyaki/Kithoka/715 (subdivided into L.R Nos Nyaki/Kithoka/2455/2456/2457/2458 and 2459) in favour of the applicant.
- The Land Registrar, Meru, is ordered to dispense with production of the original title deed, passport size photos, and photocopies of I.D cards and PIN certificate of the respondent and effect the transfer of the subdivided parcels to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 80 OF 2002
MARY NTIBA (Suing as legal representative of the estate of
MALIAMU NCURUBI M’IBIRI).................................PLAINTIFF
VERSUS
FRANCIS M’MANYARA M’RINGERA alias
IMANYARA RINGERA............................................. DEENDANT
RULING
1. The application dated 21. 3.2018 came up for hearing on 23. 1.2018. Appellants counsel, Mr. Rimita informed the court that his client is now deceased. However he admitted that indeed the appeal was withdrawn in 2014.
2. There being no appeal then the process of execution should continue. It is noted that execution was halted by the process of this appeal whereby a judgment delivered on 17. 2.20111 in the lower court has never been implemented.
3. The present application is meant to effectuate the said judgment. The lower court file is in the present file and hence applicant has no other forum of pursuing execution. In the circumstances, the application of 21. 3.2018 is allowed in the following terms;
(i) The Deputy Registrar of this court is hereby authorized to execute the transfer documents in relation to L.R No. Nyaki/Kithoka/715 which was subdivided into L.R No’s Nyaki/Kithoka/2455/2456/2457/2458 and 2459 in favour of the applicant.
(ii) The land registrar Meru is hereby ordered to dispense with production of the original title deed, passport size photos, and photocopies of I.D cards and PIN certificate of the respondent and effect the transfer of L.R No. Nyaki/Kithoka/715 which was subdivided into L.R Nos Nyaki/Kithoka/2455/2456/2457/2458 and 2459 to the applicant.
(iii) No orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
E. Kimathi holding brief for M. Kariuki present
Munga for respondent present
Parties absent
HON. LUCY. N. MBUGUA
ELC JUDGE