[2018] KEELC 3339 (KLR)
The court found that the present application was necessary to give effect to its earlier judgment awarding the suit land to the plaintiff. Since the defendant had failed to prosecute his application to set aside the judgment and had not opposed the current application, there was no legal impediment to lifting the...
Source-derived case information.
- Citation
- [2018] KEELC 3339 (KLR)
- Parties
- Plaintiff: Micahel M’Rinyiru M’Mwirichia; Defendant: Isaya Mwenda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 128 of 2012
- Procedural Posture
- Land and Property Application / Ruling on Post Judgment Application to Effectuate Transfer and Lift Inhibition
- Outcome
- Application allowed in full; orders granted as prayed.
- Legal Topics
- Inhibition Orders, Execution of Judgment, Transfer of Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Micahel M’Rinyiru M’Mwirichia
Plaintiff
Isaya Mwenda
Defendant
Procedural Posture
Land and Property Application / Ruling on Post Judgment Application to Effectuate Transfer and Lift Inhibition
Legal Issues
- 1 Whether the inhibition order against land parcel No. Nyaki/Munithu/1159 should be lifted to allow execution of judgment.
- 2 Whether the land registrar should dispense with the production of the original title deed to facilitate transfer to the plaintiff.
- 3 Whether the court's executive officer should be authorized to execute transfer documents in place of the defendant.
Ratio Decidendi
The court found that the present application was necessary to give effect to its earlier judgment awarding the suit land to the plaintiff. Since the defendant had failed to prosecute his application to set aside the judgment and had not opposed the current application, there was no legal impediment to lifting the inhibition order. The court further held that, to facilitate the transfer of the land to the plaintiff and ensure the judgment is executed, it was appropriate to direct the land registrar to dispense with the original title deed and to authorize the court's executive officer to execute all necessary transfer documents on behalf of the defendant. These measures were justified to...
Court Disposition
Application allowed in full; orders granted as prayed.
Orders
- The inhibition order against land parcel No. Nyaki/Munithu/1159 is lifted.
- The land registrar, Imenti North district, is directed to dispense with production of the original title deed for transfer to the plaintiff.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO 128 OF 2012
MICAHEL M’RINYIRU M’MWIRICHIA........................PLAINTIFF
VERSUS
ISAYA MWENDA..............................................................DEFENDANT
RULING
1. The application dated 9th May seeks the following orders;
(i) The order of inhibition registered against land parcel No. Nyaki/Munithu/1159 pursuant to orders issued by this honourable court on 16th October, 2012 be lifted.
(ii) The land registrar, Imenti North district be directed to dispense with production of the original title deed in respect of land parcel No. Nyaki/Munithu/1159 issued in the name of the defendant, Isaya Mwenda to facilitate transfer of the land to the plaintiff in execution of the judgment of this honourable court.
(iii) The executive officer of the honourable court be authorized to execute all documents for transfer of land parcel no. Nyaki/Munithu/1159 to the plaintiff in place of the registered owner, Isaya Mwenda in execution of the honourable court’s judgment
(iv) Costs be in cause.
2. The application is supported by the grounds on the face of the application and on the affidavit of the applicant.
3. The records of the court indicate that interlocutory judgment was entered on 8. 5.2013. The matter proceeded for formal proof on 29. 10. 2014 and final judgment was delivered on 19. 12. 2014.
4. Then defendant brought forth an application dated 18. 2.2015 to set aside the judgment and for a stay of execution. An order of stay of execution of judgment and decree was given on 24. 9.2015 pending the hearing of the application. It appears that this application was never prosecuted.
5. Plaintiff then filed an application dated 22. 8.2016 praying for dismissal of the application of 18. 2.2015 and for discharge of the stay orders. Plaintiff’s application (of 22. 8.2016) was allowed vide the court’s ruling of 1. 3.2018. It is against this background that plaintiff filed the present application.
6. I find that the present application is meant to effectuate the judgment of this court. I hence allow the same in the following terms;
(i) The order of inhibition registered against land parcel No. Nyaki/Munithu/1159 pursuant to orders issued by this honourable court on 16th October, 2012 are hereby lifted.
(ii) The land registrar, Imenti North district is directed to dispense with production of the original title deed in respect of land parcel No. Nyaki/Munithu/1159 issued in the name of the defendant, Isaya Mwenda to facilitate transfer of the land to the plaintiff in execution of the judgment of this honourable court.
(iii) The executive officer of the honourable court is hereby authorized to execute all documents for transfer of land parcel no. Nyaki/Munithu/1159 to the plaintiff in place of the registered owner, Isaya Mwenda in execution of the honourable court’s judgment
(iv) Costs be in cause.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 16th MAY, 2018
IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Mungai holding brief for Ringera for plaintiff present
Mokua for defendant absent
HON. LUCY. N. MBUGUA
ELC JUDGE