[2021] KEHC 1583 (KLR)
The court found that the mediation settlement agreement, which was adopted as a court order, is binding on both parties. The respondent failed to comply with the terms by refusing to surrender his title and execute the transfer of LR Githunguri/Gathanga/xxxx to the applicant in trust for herself and the minors. The...
Source-derived case information.
- Citation
- [2021] KEHC 1583 (KLR)
- Parties
- Applicant: MW; Respondent: JK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 28 of 2015
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Application for Enforcement of Mediation Settlement
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Matrimonial Property Division, Trust for Minors, Enforcement of Mediation, Land Title Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MW
Applicant
JK
Respondent
Procedural Posture
Civil Suit / Ruling on Post Judgment Application for Enforcement of Mediation Settlement
Legal Issues
- 1 Whether the court should enforce the mediation settlement agreement regarding division of matrimonial property.
- 2 Whether the respondent's title to LR Githunguri/Gathanga/xxxx should be cancelled and a new title issued to the applicant in trust for herself and the minors.
- 3 Whether the Deputy Registrar should be empowered to execute all necessary documents to effect the transfer.
Ratio Decidendi
The court found that the mediation settlement agreement, which was adopted as a court order, is binding on both parties. The respondent failed to comply with the terms by refusing to surrender his title and execute the transfer of LR Githunguri/Gathanga/xxxx to the applicant in trust for herself and the minors. The respondent was served but did not oppose the application. The court held that it has the authority to enforce its orders, including cancelling the respondent's title and directing the Lands Registrar to register the property in the applicant's name as trustee. The Deputy Registrar is empowered to sign all necessary documents to effectuate the transfer, and the respondent is to...
Court Disposition
application allowed
Orders
- The Lands Registrar Kiambu shall cancel the respondent's title to LR Githunguri/Gathanga/xxxx.
- The Lands Registrar shall register LR Githunguri/Gathanga/xxxx in the name of the applicant to hold in trust for herself, EW, BN, and BM (minor).
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
CIVIL SUIT NO. 28 OF 2015 (OS)
IN THE MATTER OF MATRIMONIAL PROPERTY ACT, 2013
MW………………………….……………………..………APPELLANT
-VERSUS-
JK……………..……………………..……………..……RESPONDENT
RULING
1. The applicant and the respondent were married. The marriage was dissolved by Githunguri Principal Magistrate on 23rd April 2015 vide Divorce Cause No. x of 2013. The applicant filed the instant suit seeking the division of matrimonial properties:- LR No. Githunguri/ Gathanga/xxxx, Githunguri/Nyaga/xxx and motor vehicle registration number KAC xxxY. The matter was referred to court annexed mediation. Parties entered into a mediation settlement agreement dated 7th February 2018 whose terms were that:-
a) L.R. Githunguri/Githanga/xxxx together with all developments be registered in the name of the applicant to hold in trust for herself, EW, BN and BM (minor);
b) the respondent do retain L.R. Githunguri/Nyaga/xxx together with the developments thereon;
c) the respondent do retain motor vehicle registration number KAC xxxY which was his source of livelihood; and
d) each party to bear own costs.
2. The mediation settlement agreement was adopted as an order of the court on 12th March 2018.
3. The applicant in her application dated 31st October 2018 sought that the court cancels the respondent’s title to Githunguri/Gathanga/xxxx and orders the issuance of a fresh title in her name to hold in trust for herself, EW, BN and BM (minor); and that the Deputy Registrar be empowered to sign all papers to effect the orders. Her case was that since the orders were made she has severally written to the respondent through his advocates to surrender his title to the property and to execute the transfer to no avail.
4. The respondent was served but made no response.
5. I allow the application. I direct the Lands Registrar Kiambu to cancel the title of the respondent to LR Githunguri/Gathanga/xxxx. He shall then cause the registration of the parcel into the name of the applicant who shall hold it in trust for herself and for EW, BN and BM (minor). The Deputy Registrar of this court shall sign all the necessary papers to effect these orders. The respondent shall bear the costs of the application.
DATED and DELIVERED at NAIROBI this 29TH day of NOVEMBER 2021.
A.O. MUCHELULE
JUDGE