[2023] KEELC 20587 (KLR)
The court found that the applicant had obtained a decree entitling him to registration as proprietor of the specified land by adverse possession. The respondent's refusal to cooperate in executing the transfer frustrated the implementation of the decree. Section 31 of the Land Registration Act empowers the Registrar...
Source-derived case information.
- Citation
- [2023] KEELC 20587 (KLR)
- Parties
- Applicant: Peter Kirimi J Ngiti; Respondent: John Ikunda M’Mwereria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 64 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Post Judgment Application
- Outcome
- Application allowed as prayed.
- Judges
- CK Yano
- Legal Topics
- Adverse Possession, Execution of Decree, Land Transfer, Court Orders, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kirimi J Ngiti
Applicant
John Ikunda M’Mwereria
Respondent
Procedural Posture
Environment and Land Case / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the court should empower the Deputy Registrar to sign transfer documents on behalf of the respondent to effectuate the decree.
- 2 Whether the District Land Registrar can be allowed to dispense with the original title deed due to the respondent's non-cooperation.
Ratio Decidendi
The court found that the applicant had obtained a decree entitling him to registration as proprietor of the specified land by adverse possession. The respondent's refusal to cooperate in executing the transfer frustrated the implementation of the decree. Section 31 of the Land Registration Act empowers the Registrar to dispense with the original title deed where necessary. The court held that it would be unjust to allow the respondent's non-cooperation to defeat the applicant's right to enjoy the fruits of judgment. Therefore, the court granted the orders sought, empowering the Deputy Registrar to sign the necessary transfer documents and allowing the Land Registrar to proceed without the...
Court Disposition
Application allowed as prayed.
Orders
- The Deputy Registrar is empowered to sign all necessary transfer documents in favour of the applicant for 0.25 acres out of LR No Nkuene/Kithunguri/1584.
- The District Land Registrar is allowed to dispense with the original title deed in registering the applicant as proprietor of the decreed portion.
Full Case Text
Judgment text and source record
20 paragraphs
Ngiti v M’Mwereria (Environment & Land Case 64 of 2012) [2023] KEELC 20587 (KLR) (11 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20587 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment & Land Case 64 of 2012
CK Yano, J
October 11, 2023
Between
Peter Kirimi J Ngiti
Applicant
and
John Ikunda M’Mwereria
Respondent
Ruling
1. In this suit, the plaintiff claimed to have become entitled by virtue of adverse possession of 0. 25 acres of land reference No Nkuene/Kithunguri/1584. In the judgment delivered on 17th December, 2022, this court entered judgment in favour of the plaintiff and declared that the plaintiff is entitled to be registered as proprietor of the said land.
2. Through an application dated 19th July, 2023, the plaintiff sought orders empowering the Deputy Registrar of this court to sign all the necessary transfer documents in favour of the plaintiff and for an order allowing the District Land Registrar to dispense with the original title deed of the suit land before proceeding to register the plaintiff as proprietor of the portion decreed. The plaintiff has explained that he is in the process of implementing the decree of this court, but the defendant/respondent is not cooperating. The application is not opposed.
3. I have considered the application and the submissions filed. I have also looked up at the law. Section 31 of the Land Registration Act deals with the production of certificate of title or lease while section 33 deals with lost or destroyed certificates. The issue at hand, however is not about a lost or destroyed certificate, but that the defendant has refused to cooperate in the execution of the decree herein. A look at section 31 shows that the Registrar may dispense with the production of the original certificate. In this case, there is a decree in favour of the plaintiff and it has been explained that the defendant is frustrating the implementation of the said decree.
4. It is trite law that courts do not issue orders in vain. Having given a judgment in favour of the plaintiff, it is my opinion that it is only fair that the orders sought are granted to enable the plaintiff decree/holder enjoy the fruits of the said judgment. I therefore allow the application as prayed. For the avoidance of any doubt, the portion to be transferred to the plaintiff is a portion measuring 0. 25 acres out of LR No Nkuene/Kithunguri/1584. The plaintiff shall also have the costs of this application as against the defendant.
5. It is so ordered.
DATED, SIGNED AND DELIVERED AT MERU THIS 11TH DAY OF OCTOBER, 2023C.K YANOJUDGE