[2024] KEELC 4025 (KLR)

[2024] KEELC 4025 (KLR)

The court found that the plaintiff had made reasonable efforts to trace the judgment debtor and that the Land Registrar had not acted due to the absence of a specific order. Since there was no appeal or stay of execution, the court held that the plaintiff was entitled to enforcement of the judgment. To give effect...

Source-derived case information.

Citation
[2024] KEELC 4025 (KLR)
Parties
Plaintiff: Patrick Kivai Nduva; Defendant: Noah Moreria Ole Kurrarru; Defendant: Cooperative Bank Of Kenya; Defendant: James Maina Mburu
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Case Number
Environment & Land Case 843 of 2017
Procedural Posture
Notice of Motion / Ruling on Post Judgment Enforcement Application
Outcome
Application allowed; order granted as prayed.
Judges
MN Gicheru
Legal Topics
Land Title Cancellation, Fraudulent Transfer, Enforcement of Judgment
Source Language
en
Land and Property Land Title Cancellation Fraudulent Transfer Enforcement of Judgment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Patrick Kivai Nduva

Plaintiff

Noah Moreria Ole Kurrarru

Defendant

Cooperative Bank Of Kenya

Defendant

James Maina Mburu

Defendant

Procedural Posture

Notice of Motion / Ruling on Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the court should direct the Land Registrar to cancel fraudulent entries and effect transfer of title to the plaintiff.
  2. 2 Whether the absence of an appeal or stay of execution entitles the plaintiff to enforcement of judgment.

Ratio Decidendi

The court found that the plaintiff had made reasonable efforts to trace the judgment debtor and that the Land Registrar had not acted due to the absence of a specific order. Since there was no appeal or stay of execution, the court held that the plaintiff was entitled to enforcement of the judgment. To give effect to the judgment dated 16/9/2021, the court granted the order sought, directing the Land Registrar to cancel the fraudulent entries and issue the title deed to the plaintiff.

Court Disposition

Application allowed; order granted as prayed.

Orders

  • The Land Registrar Kajiado is directed to cancel the nullified entries of the fraudulent transfer to the 1st judgment debtor and charge to the 2nd defendant in the green card and issue title deed No. Kajiado/Kitengela/17105 to the plaintiff.