[2018] KEELC 1344 (KLR)
The court found that the original parcel of land referenced in its judgment, Machakos/Mua Hills/648, no longer existed due to subdivision by the respondent, resulting in new parcels Machakos/Mua Hills/782 and 783. Since the applicant had been in occupation of a portion of the land for twelve years and the judgment...
Source-derived case information.
- Citation
- [2018] KEELC 1344 (KLR)
- Parties
- Applicant: Mua Farmers Co-op. Society Ltd; Respondent: Mukii Mutiso
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 55 of 2013
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application allowed
- Judges
- OA Angote
- Legal Topics
- Land Registration, Subdivision of Land, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mua Farmers Co-op. Society Ltd
Applicant
Mukii Mutiso
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the court should review its judgment to substitute the original land parcel number with the new number after subdivision.
- 2 Whether the applicant is entitled to registration as proprietor of the portion it has occupied for twelve years.
Ratio Decidendi
The court found that the original parcel of land referenced in its judgment, Machakos/Mua Hills/648, no longer existed due to subdivision by the respondent, resulting in new parcels Machakos/Mua Hills/782 and 783. Since the applicant had been in occupation of a portion of the land for twelve years and the judgment could not be executed as originally framed, there was sufficient reason to review the judgment. The court allowed the application to substitute the correct parcel number, thereby enabling the applicant to be registered as proprietor of the portion it occupies and facilitating execution of the judgment.
Court Disposition
application allowed
Orders
- The applicant to be registered as proprietor of 7.4 acres occupied for twelve years, being a portion of Machakos/Mua Hills/782.
- The County or National Government Surveyor and the County Land Registrar to implement the order.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 55 OF 2013
MUA FARMERS CO-OP. SOCIETY LTD............PLAINTIFF/APPLICANT
VERSUS
MUKII MUTISO...............................................DEFENDANT/RESPONDENT
RULING
1. In the Application dated 14th June, 2018, the Plaintiff is seeking for the following orders:
a. That the Honourable Court be pleased to review the Judgment and Orders of this Court delivered on 13th April, 2018 and substitute thereof the Registration Number of the property Machakos/Mua Hills/648 with Machakos/Mua Hills/782 measuring approximately 38. 05 Hectares.
b. That the costs of this Application be provided for.
2. The Application is premised on the grounds that before the filing of this suit, the official search showed that the parcel number of the suit property was Machakos/Mua Hills/648; that during the pendency of the suit, the Respondent sub-divided the suit land and created two portions known as Machakos/Mua Hills/782 and 783 and that consequently, the Judgment of this court cannot be enforced because parcel number 648 no longer exists.
3. This Application was not opposed by the Defendant. Indeed, this matter was heard and finalized by this court on 13th April, 2018. However, the Judgment of the court referred to land parcel number 648 which has since been sub-divided by the Defendant. Consequently, there is sufficient reason to have the Judgment of the court reviewed for the purpose of completing the execution process.
4. Consequently, the Application dated 14th June, 2018 is hereby allowed in the following terms:
a. That the Applicant be registered as the proprietor of land measuring 7. 4 acres that it has been in occupation for twelve (12) years being a portion of land known as Machakos/Mua Hills/782.
b. The County or National Government Surveyor and the County Land Registrar to implement the above order.
c. The Defendant to pay the costs of the suit and this Application.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 12TH DAY OF OCTOBER, 2018.
O.A. ANGOTE
JUDGE