[2009] KEHC 1375 (KLR)
The court found that the dispute over Plot No. Kwale/Ukunda/965 had already been conclusively determined in favour of the applicant by the Kwale Land Disputes Tribunal, whose award was confirmed by the Resident Magistrate and further reinforced by an unchallenged order of Hon. Justice Njagi directing rectification...
Source-derived case information.
- Citation
- [2009] KEHC 1375 (KLR)
- Parties
- Plaintiff: Mwanajuma Mohamed Mwajinga; Defendant: Athmani Said Guo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 190 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Summons
- Outcome
- application allowed
- Judges
- JV Juma
- Legal Topics
- Rectification of Register, Vesting Orders, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwanajuma Mohamed Mwajinga
Plaintiff
Athmani Said Guo
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Originating Summons
Legal Issues
- 1 Whether the court should vest Plot No. Kwale/Ukunda/965 in the applicant as proprietor.
- 2 Whether the previous orders and tribunal award have conclusively determined ownership of the land.
Ratio Decidendi
The court found that the dispute over Plot No. Kwale/Ukunda/965 had already been conclusively determined in favour of the applicant by the Kwale Land Disputes Tribunal, whose award was confirmed by the Resident Magistrate and further reinforced by an unchallenged order of Hon. Justice Njagi directing rectification of the land register and issuance of a title deed to the applicant. As there was no appeal or challenge to these decisions, the court's role was limited to giving effect to the prior determinations by vesting the property in the applicant. The application was therefore allowed, and the property was vested in the applicant as prayed.
Court Disposition
application allowed
Orders
- Property known as Plot No. Kwale/Ukunda/965 is vested in the applicant Mwanajuma Mohamed Mwajinga.
- Costs of the application to be met by the applicant.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE MATTER OF: LAND PARCEL NO. KWALE UKUNDA 965
AND
IN THE MATTER OF: REGISTERED LAND ACT CAP 300
(LAWS OF KENYA) SECTION 143
AND
IN THE MATTER OF: HCC CIVL SUIT NO. 336 OF 2008 (O.S)
BETWEEN
MWANAJUMA MOHAMED MWAJINGA …………………….…… PLAINTIFF
V E R S U S
ATHMANI SAID GUO …………………………………………… DEFENDANT
************************
RULING
By an Originating Summons dated 8th June, 2009 the applicant herein has come to court seeking the following orders:-
1. THAT property known as Plot No. Kwale/Ukunda/965 be vested in the applicant MWANAJUMA MOHAMED MWAJINGA of Mkwakwani, Kwale District.
2. THAT costs of this application be provided for.
I have obtained and perused Misc. Civil App. No. 336 of 2008 (OS) in which Hon. Justice Njagi did on 11th December, 2008 make orders as follows:
“1. THAT the Registrar of Land, Kwale District Registry be and is hereby directed / ordered to rectify the register in respect of the land parcel No. KWALE/UKUNDA/965 by replacing the name therein and entering the name of MWANAJUMA MOHAMED MWAJINGA in the Register as duly registered proprietor and a Title Deed be issued forthwith.”
That order has not in any way been challenged nor appealed against by any party whatsoever. The dispute over this parcel of land was settled by the Kwale Land Disputes Tribunal who made their award in favour of the applicant herein. That award was duly confirmed by the Resident Magistrate, Kwale on 18th March, 2008 followed by the abovementioned Ruling of Hon. Justice Njagi. My role therefore is merely to give orders vesting the said parcel of land in the applicant which I hereby do. I do now allow this present application in terms of prayer (1) thereof.
Costs to be met by the applicant.
Dated and Delivered at Mombasa this 16th day of October, 2009.
M. ODERO
JUDGE
Read in open court in the presence of:-
Applicant in person.
M. ODERO
JUDGE
16. 10. 2009