[2014] KEHC 285 (KLR)
The court found that both it and the Court of Appeal had already ordered the 2nd defendant to transfer half share of the suit land to the plaintiff, and that the 2nd defendant's persistent refusal to sign the necessary documents was obstructing the enforcement of those orders. The court held that to give effect to...
Source-derived case information.
- Citation
- [2014] KEHC 285 (KLR)
- Parties
- Plaintiff: M'Imanyara M'Murithi; Defendant: Nkanata Murithi; Defendant: Jamlick Murithi Murumia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 89 of 2001
- Procedural Posture
- Civil Case / Post Judgment Enforcement Application
- Outcome
- Application allowed; enforcement orders granted.
- Judges
- FM Njoroge
- Legal Topics
- Land Transfer, Enforcement of Judgment, Mutation Forms, Court Orders, Executive Officer Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Imanyara M'Murithi
Plaintiff
Nkanata Murithi
Defendant
Jamlick Murithi Murumia
Defendant
Procedural Posture
Civil Case / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should compel the 2nd defendant to sign mutation and transfer documents to effectuate the transfer of half share of the suit land to the plaintiff as previously ordered.
- 2 Whether the Executive Officer of the court should be empowered to sign the necessary documents in default of the 2nd defendant's cooperation.
- 3 Whether the Land Registrar should dispense with the production of the original title if the 2nd defendant fails to cooperate.
Ratio Decidendi
The court found that both it and the Court of Appeal had already ordered the 2nd defendant to transfer half share of the suit land to the plaintiff, and that the 2nd defendant's persistent refusal to sign the necessary documents was obstructing the enforcement of those orders. The court held that to give effect to its judgment and prevent injustice, it was necessary to compel compliance by ordering the 2nd defendant to sign the mutation and transfer documents, and, in default, to empower the Executive Officer of the court to sign on his behalf. The court further held that, should the 2nd defendant fail to cooperate, the Land Registrar was to dispense with the requirement for production of...
Court Disposition
Application allowed; enforcement orders granted.
Orders
- The 2nd defendant Jamlick Murithi Murumia is ordered to sign all necessary mutation forms and transfer documents to facilitate the transfer of half share of L.R. NO. ABOGETA/U-KITHANGARI/4 to the plaintiff as previously ordered.
- In default of the 2nd defendant signing, the Executive Officer of the court is empowered to sign all necessary mutation and transfer documents to effectuate the transfer.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 89 OF 2001
M'IMANYARA M'MURITHI............................................................................PLAINTIFF
VERSUS
NKANATA MURITHI...........................................................................1ST DEFENDANT
JAMLICK MURITHI MURUMIA..........................................................2ND DEFENDANT
R U L I N G
This application is dated 2nd October, 2014 and seeks orders:
THATthis application be certified as urgent and the same be heard on priority basis.
THATthis Honourable Court be pleased to order the 2nd defendant JAMLICK MURITHI MURUMIA to sign all the necessary mutation forms and transfer documents to facilitate the transfer of half share of L. R. NO. ABOGETA/U-KITHANGARI/4 to the plaintiff as ordered by the court and in default and failure to sign the said transfer documents, the Executive Officer of this Honourable court be empowered to sign mutation forms and all the said transfer documents to facilitate the transfer of the said half share of the said land to the plaintiff.
THATthis Honourable court be pleased to make further orders as may be necessary to meet the ends of justice.
THATthe costs of this application be provided for
It is predicated upon the following grounds:
(a) This Honourable Court and the Court of Appeal have ordered the 2nd defendant to transfer the said land to the plaintiff.
(b) It is now impossible to enforce the said Court Orders owing to the 2nd defendant's refusal to sign all the requisite documents.
(c) Court Orders ought to be respected and adhered to.
(d) It is only just and fair that the Executive Officer of this Honourable Court be empowered to sign all the necessary Mutation and transfer forms to effectuate the transfer half share of the land to the plaintiff.
(h) Unless the orders sought are granted, the applicant/plaintiff shall suffer irreparably.
This court and the court of Appeal have already ordered the 2nd defendant to transfer the suit land to the plaintiff. Three applications filed by the 2nd defendant have been dismissed by this court. The 1st is dated 15. 1.2013. The 2nd is dated 30. 7.2014. The 3rd is dated 12. 8.2014. the court has already declared itself functus officio.
This application is aimed at facilitating the implementation of the judgment of the court of Appeal. I grant the following orders:
The 2nd defendant JAMLICK MURITHI MURUMIA is ordered to sign all the necessary mutation forms and transfer documents to facilitate the transfer of half share of L. R. NO. ABOGETA/U-KITHANGARI/4 to the plaintiff as ordered by the Court and in default and failure to sign the transfer documents, the Executive Officer of this court is empowered to sign mutation forms and all the said transfer documents to facilitate the transfer of the said half-share of L. R. NO.ABOGETA/U-KITHANGARI/4 to the plaintiff.
Under prayer 3 of the Application I order that should the 2nd Defendant fail to co-operate in the implementation of order 1 above, the Land Registrar should dispense with the production of the Original title or certificate of title for L. R NO. ABOGETA/U-KITHANGARI/4.
I award costs to the plaintiff.
Delivered in Open Court at Meru this 6th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Kiogora for the plaintiff
P. M. NJOROGE
JUDGE