[2021] KEELC 4179 (KLR)
The court found that the application was aimed at facilitating the execution of an existing court order for the transfer of land. Since the respondent had refused to sign the necessary documents, the court exercised its power to authorize the Deputy Registrar to execute the transfer documents on behalf of the...
Source-derived case information.
- Citation
- [2021] KEELC 4179 (KLR)
- Parties
- Respondent: M’Muchiri Mukindia; Respondent: Josephine Mary Gaaji; Applicant: Njeru Eustus Miriti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 77 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Execution Application
- Outcome
- Application allowed in part; prayers 2 and 3 granted; no order as to costs.
- Legal Topics
- Execution of Judgment, Transfer of Land, Court Orders, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Muchiri Mukindia
Respondent
Josephine Mary Gaaji
Respondent
Njeru Eustus Miriti
Applicant
Procedural Posture
Civil Appeal / Ruling on Post Judgment Execution Application
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute transfer documents for land parcel LR; MUTHAMBI/CHAMUNGA/195 due to the respondent's refusal.
- 2 Whether the Land Registrar should be authorized to dispense with the original title deed in implementing the court's orders.
Ratio Decidendi
The court found that the application was aimed at facilitating the execution of an existing court order for the transfer of land. Since the respondent had refused to sign the necessary documents, the court exercised its power to authorize the Deputy Registrar to execute the transfer documents on behalf of the respondent. Additionally, to ensure the effectiveness of the order, the Land Registrar was authorized to dispense with the requirement for the original title deed. The court granted the substantive prayers sought in the application, finding them justified to give effect to its previous judgment.
Court Disposition
Application allowed in part; prayers 2 and 3 granted; no order as to costs.
Orders
- The Deputy Registrar of the court is authorized to execute all necessary documents to transfer 3.21 acres out of LR; MUTHAMBI/CHAMUNGA/195 from the respondent to the applicant and Josephine Mary Gaaji in equal shares.
- The Land Registrar, Meru South/Maara Sub Counties, is directed and authorized to dispense with the original title deed to LR; MUTHAMBI/CHAMUNGA/195 when implementing the court's orders.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA E.L.C CIVIL APPEAL NO 77 OF 2017
FORMERLY MERU E.L.C (CA NO 54 OF 2013)
M’MUCHIRI MUKINDIA.............APPELLANT/RESPONDENT
VERSUS
JOSEPHINE MARY GAAJI...............................RESPONDENT
NJERU EUSTUS MIRITI........................................APPLICANT
RULING
1. This application is dated 24th February, 2021. It seeks the following orders:
1. That the court be pleased to certify the instant application as urgent and service of the same be dispensed with in the first instance.
2. That the deputy registrar of this court be authorized to execute all the necessary documents to transfer portions of land measuring 3. 21 acres out of land parcel LR; MUTHAMBI/CHAMUNGA/195 from the respondent to the applicant and josphine mary gaaji in equal shares.
3. That the land registrar Meru South/Maara Sub Counties be directed and/or authorized to dispense with the original title deed to land parcel LR; MUTHAMBI/CHAMUNGA/195 when implementing orders of this court and in particular prayer 2 herein above.
4. Cost of this application be provided for.
2. The applicant, Njeru Eustus Miriti asked the court to direct that the Deputy Registrar of this court signs the necessary documents because the respondent M’Muchiri Mukindia had refused to do so.
3. I note that this application seeks to facilitate the execution of a court order.
4. In the circumstances, the following orders are issued:
a. Prayers 2 and 3 granted.
b. I issue no order as to costs.
Delivered in open Court at Chuka this 3rd day of March, 2021 in the presence of:
CA: Ndegwa
Njeru Eustus Miriti (Applicant) present
P. M. NJOROGE,
JUDGE.