[2020] KEELC 708 (KLR)
The court found that the Plaintiffs had obtained a valid Judgment and Decree against the Defendants, which had not been set aside or appealed. The Defendants' refusal to comply with the Decree, specifically regarding the transfer of land parcel Kyangwithya/Kaveta/727, justified the Plaintiffs' request for...
Source-derived case information.
- Citation
- [2020] KEELC 708 (KLR)
- Parties
- Plaintiff: Raphael Mitau King.alya; Plaintiff: Richard Muema; Defendant: Kilonzo King.alya; Defendant: Musili King.alya; Interested Party: Mbusi Mulanga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 121 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Execution
- Outcome
- Application allowed. Deputy Registrar authorized to sign transfer documents. Each party to bear own costs.
- Judges
- OA Angote
- Legal Topics
- Execution of Judgment, Transfer of Land, Court Orders, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Mitau King.alya
Plaintiff
Richard Muema
Plaintiff
Kilonzo King.alya
Defendant
Musili King.alya
Defendant
Mbusi Mulanga
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Execution
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign transfer documents for land parcel Kyangwithya/Kaveta/727 on behalf of the Defendants.
- 2 Whether the Plaintiffs are entitled to enforcement of the Decree issued on 21st February, 1994.
Ratio Decidendi
The court found that the Plaintiffs had obtained a valid Judgment and Decree against the Defendants, which had not been set aside or appealed. The Defendants' refusal to comply with the Decree, specifically regarding the transfer of land parcel Kyangwithya/Kaveta/727, justified the Plaintiffs' request for enforcement. The court held that, to give effect to its Decree and bring finality to the litigation, it was appropriate to authorize the Deputy Registrar to sign all necessary transfer documents on behalf of the Defendants. The court further ordered that each party should bear their own costs, as the Application was unopposed and to avoid further delay or expense.
Court Disposition
Application allowed. Deputy Registrar authorized to sign transfer documents. Each party to bear own costs.
Orders
- The Deputy Registrar of the Environment and Land Court, Machakos, is authorized to sign all documents and instruments of transfer of land parcel number Kyangwithya/Kaveta/727 in strict compliance with the Decree issued on 21st February, 1994.
- Each party to bear his/her own costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 121 OF 2009
RAPHAEL MITAU KING’ALYA.......................1ST PLAINTIFF
RICHARD MUEMA.........................................2ND PLAINTIFF
VERSUS
KILONZO KING’ALYA................................1ST DEFENDANT
MUSILI KING’ALYA....................................2ND DEFENDANT
AND
MBUSI MULANGA................................INTERESTED PARTY
RULING
1. In the Notice of Motion dated 20th February, 2020, the Plaintiffs have prayed for the following orders:
a. That the Deputy Registrar of Environment and Land Court, Machakos be authorized to sign all documents and instruments of transfer of land parcel no. L.R. No. Kyangwithya/Kaveta/727 on behalf of the Defendants and a Title Deed be issued to the Plaintiffs.
b. That cost of this Application be borne by the Defendants.
2. The Application is premised on the grounds that the Plaintiff obtained Judgment against the Defendants on 25th April, 1990 and a Decree was issued on 21st February, 1994; that the transfer of the properties was done save for title for land known as Kyangwithya/Kaveta/727 and that the Defendants have refused to comply with the Judgment of the court.
3. The Application dated 20th February, 2020 was not opposed. Indeed, the Decree of this court issued on 21st February, 1994 has never been set aside either by this court or the Court of Appeal.
4. That being the case, the Decree of this court should be complied with to bring an end to litigation. Consequently, the Application dated 20th February, 2020 is allowed as follows:
a. The Deputy Registrar of this court to sign all documents and instruments of transfer of land parcel number Kyangwithya/Kaveta/727 in strict compliance with the Decree issued herein on 21st February, 1994.
b. Each party to bear his/her own costs.
DATED, SIGNED AND DELIVERED IN MACHAKOS THIS 6TH DAY OF NOVEMBER, 2020.
O. A. ANGOTE
JUDGE