[2015] KEHC 3872 (KLR)
The court found that the suit had been fully settled by a consent order adopted on 10th August 2011. The defendant's continued retention of the plaintiff's title deed was unjustified, as the deed had been provided solely for the purpose of registering an easement, which was the subject of the settlement. The...
Source-derived case information.
- Citation
- [2015] KEHC 3872 (KLR)
- Parties
- Applicant: M'Igweta M'Nkubitu; Respondent: Kenya Power & Lighting Company Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 40 of 2009
- Procedural Posture
- Civil Suit / Ruling on Post Settlement Application for Return of Title Deed
- Outcome
- Application allowed.
- Judges
- FM Njoroge
- Legal Topics
- Enforcement of Court Orders, Return of Title Deed, Settlement Implementation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Igweta M'Nkubitu
Applicant
Kenya Power & Lighting Company Limited
Respondent
Procedural Posture
Civil Suit / Ruling on Post Settlement Application for Return of Title Deed
Legal Issues
- 1 Whether the defendant should be compelled to return the plaintiff's title deed following settlement of the suit.
- 2 Whether the court should enforce its previous consent order marking the suit as settled.
Ratio Decidendi
The court found that the suit had been fully settled by a consent order adopted on 10th August 2011. The defendant's continued retention of the plaintiff's title deed was unjustified, as the deed had been provided solely for the purpose of registering an easement, which was the subject of the settlement. The application was therefore a procedural step to implement the court's own order. The court exercised its jurisdiction to enforce the consent order and directed the defendant to return the title deed to the plaintiff or his counsel, with costs awarded to the applicant.
Court Disposition
Application allowed.
Orders
- The defendant is ordered to return and hand over the Plaintiff's title Deed to Land Reference No. NYAKI/THUURA/270 to this Court or to the Plaintiff's Counsel.
- Costs of this application are awarded to the Plaintiff/Applicant.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 40 OF 2009
M'IGWETA M'NKUBITU............................................................APPLICANT/PLAINTIFF
VERSUS
KENYA POWER & LIGHTING
COMPANY LIMITED......................................................RESPONDENT/DEFENDANT
R U L I N G
This application is dated 29th April, 2015 and seeks orders:
THATthis application be certified as urgent.
THATthis Honourable court be pleased to order the Defendant to return and hand over the plaintiff's title Deed to Land reference No. NYAKI/THUURA/270 to Court or the Plaintiff's Counsel.
THATthe Defendant be ordered to pay the costs of this application.
It is supported by the affidavit of M'Igweta Nkubitu, the Plaintiff/Applicant and has the following grounds:
a) THAT the Plaintiff is an old man who is sickly and needs his title Deed.
b) THAT the matter was settled and the plaintiff gave his title Deed to the Defendant to register the easement way back in 2011.
c) THAT the Defendant has since and for no good or apparent reason refused to release the Plaintiff's Title Deed.
d) THAT unless this Court intervenes the Plaintiff fears that his Title Deed could be used for other purposes.
A consent entered into by the parties and dated 2. 8.2011 states:
“By Consent of the parties and their respective advocates, this suit be and is hereby marked as fully settled.”
The consent was adopted as an order of this Court on 10. 8.2011. Therefore, this application is only meant to implement an order of this court. In the circumstances, it is allowed. I issue the following orders:
The defendant is ordered to return and hand over the Plaintiff's title Deed to Land Reference No. NYAKI/THUURA/270 to this Court or to the Plaintiff's Counsel.
Costs of this application are awarded to the Plaintiff/Applicant.
It is so ordered.
Delivered in Open Court at Meru this 7th day of May, 2015 in the presence of:
Cc Lilian/Daniel
P. M. NJOROGE
JUDGE