[2025] KEELC 3044 (KLR)

[2025] KEELC 3044 (KLR)

The court found that the applicant failed to demonstrate sufficient efforts to trace the judgment debtor or to serve her with the necessary transfer documents as required under Section 98 of the Civil Procedure Act. There was no evidence of attempts to locate, serve, or communicate with the defendant at her last...

Source-derived case information.

Citation
[2025] KEELC 3044 (KLR)
Parties
Plaintiff: Michael maling'a Mbito; Defendant: Florence Kathleen Law
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Judgment Date
2 April 2025
Case Number
Enviromental and Land Originating Summons 20 of 2019
Procedural Posture
Originating Summons / Ruling on Post Judgment Execution Application
Outcome
application dismissed
Judges
CK Nzili
Legal Topics
Adverse Possession, Execution of Decree, Transfer of Land, Powers of Deputy Registrar
Source Language
english
Land and Property Civil Procedure Adverse Possession Execution of Decree Transfer of Land Powers of Deputy Registrar

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Summary, issues, holding and outcome

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Parties

Michael maling'a Mbito

Plaintiff

Florence Kathleen Law

Defendant

Procedural Posture

Originating Summons / Ruling on Post Judgment Execution Application

Legal Issues

  1. 1 Whether the court should authorize the Deputy Registrar to execute subdivision and transfer documents in place of the defendant due to her absence.
  2. 2 Whether the court should dispense with the production of the original title deed for LR No. 11005 (IR No. 18979) to facilitate execution of the decree.
  3. 3 Whether the applicant demonstrated sufficient efforts to trace the judgment debtor and comply with Section 98 of the Civil Procedure Act.

Ratio Decidendi

The court found that the applicant failed to demonstrate sufficient efforts to trace the judgment debtor or to serve her with the necessary transfer documents as required under Section 98 of the Civil Procedure Act. There was no evidence of attempts to locate, serve, or communicate with the defendant at her last known address, nor any effort to secure the original title deed. In the absence of such evidence, the court held that the threshold for invoking Section 98 had not been met. Furthermore, the court noted that the decree already contained self-executing vesting orders, and the applicant had not explained why he had not approached the Land Registrar for registration based on those...

Court Disposition

application dismissed

Orders

  • The application dated 13/9/2024 is dismissed.
  • No orders as to costs.