[2023] KEELC 17416 (KLR)
The court found that the applicant had a valid vesting order in his favour for LR No. Bokoli/misikhu/560, which had not been implemented due to the Land Registrar's insistence on production of the original title deed. The court held that its orders must be implemented and not rendered nugatory by administrative...
Source-derived case information.
- Citation
- [2023] KEELC 17416 (KLR)
- Parties
- Applicant: Webakala Maurice Matasi; Respondent: Joseph Wekesa Osore
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E024 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Implementation of Vesting Order
- Outcome
- Application allowed.
- Judges
- EC Cherono
- Legal Topics
- Vesting Orders, Land Title Registration, Implementation of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Webakala Maurice Matasi
Applicant
Joseph Wekesa Osore
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Implementation of Vesting Order
Legal Issues
- 1 Whether the court should order the Land Registrar to dispense with the requirement of the original land title deed for LR No. Bokoli/misikhu/560 in implementing a vesting order.
- 2 Whether the applicant is entitled to the implementation of the vesting order issued in his favour.
Ratio Decidendi
The court found that the applicant had a valid vesting order in his favour for LR No. Bokoli/misikhu/560, which had not been implemented due to the Land Registrar's insistence on production of the original title deed. The court held that its orders must be implemented and not rendered nugatory by administrative requirements. Therefore, the Land Registrar was directed to dispense with the requirement for the original title deed and proceed with registration in the applicant's name, as the applicant had complied with all other legal requirements.
Court Disposition
Application allowed.
Orders
- The County Land Registrar Bungoma is directed to dispense with the production of the original land title deed in respect of LR No. Bokoli/misikhu/560.
- The applicant to bear his own costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
Matasi v Osore (Environment & Land Case E024 of 2022) [2023] KEELC 17416 (KLR) (4 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17416 (KLR)
Republic of Kenya
In the Environment and Land Court at Bungoma
Environment & Land Case E024 of 2022
EC Cherono, J
May 4, 2023
Between
Webakala Maurice Matasi
Applicant
and
Joseph Wekesa Osore
Respondent
Ruling
1Before me for determination is the Ex-parte Notice of Motion application dated 22nd December, 2022 in which the applicant is seeking the following orders: -1. (Spent)2. (Spent)3. That this Honourable Court be pleased to order for Implementation of the vesting order issued to the applicant on 25th January, 2000 by directing the County Land Registrar Bungoma to dispense with a requirement of the original land Title Deed in respect of L.R.No. Bokoli/misikhu/560. 4.Costs of this application be provided for.
2The said application is supported by the affidavit of the Applicant sworn on earlier date and grounds apparent on the face of the said application deposed that the High Court vide Bungoma HCCC Bo (9 of 1995) (O.S) and formerly Kakamega HCCC NO 18 of 1994 (O.S) the court issued him a vesting order comprised in land title No Bokoli/misiku/560 measuring 9 acres.
3He further stated that despite this Honourable court signing all the transfer forms in his fovour and paying all the requisite fees including the stamp duty and registration fees, the Land Registrar Bungoma proceeded and prepared a Land Title Deed in his favour but insisted that he first surrender the original title deed for the suit land before the new title deed is issued in his name.
4He attached copies of the vesting order, copy of the transfer form receipt and bank slips for fees including the stamp duty and Registration fees as well as a copy of unsigned title deed. I am satisfied that there is a valid vesting order issued by the High court of Kenya at Bungoma in HCCC NO 19 of 1995 (formerly HCCC NO 18 of 1994) (O.S) which has not been implemented. Court orders and not issued by the courts in vain. I have seen the attached copies of the documents in support of the said vesting order.
5Having considered all the materials placed before me, I find the application dated 22nd December 2022 merited and the same is hereby allowed as follows: -1. The County and Registrar Bungoma County is directed to dispense with the production of the Original Land Title Deed in respect of LR NO Bokoli/misikhu/560. 2.The Applicant to bear his own costs of the application.
READ SIGNED AND DELIVERED IN THE OPEN COURT AT BUNGOMA THIS 4TH DAY OF MAY, 2023. HON. E.C. CHERONOELC JUDGEIn the presence ofApplicant /Advocate absentRespondent/Advocate absentC/A Joy