[2007] KEHC 2122 (KLR)
The court found that the defendant had been personally served with the relevant court orders but had nonetheless refused to sign the transfer forms as required by the consent judgment and subsequent rulings. In order to give effect to the judgment and prevent further delay or frustration of the court's orders, the...
Source-derived case information.
- Citation
- [2007] KEHC 2122 (KLR)
- Parties
- Plaintiff: Archbishop Raphael Stephen Ndingi Mwana A’nzeki; Plaintiff: Palen D’Souza; Plaintiff: Lawrence Njoroge (Registered Trustees of the Archdiocese of Nairobi); Defendant: Nelson Muguku; Defendant: The Honourable Attorney General (on behalf of the Commissioner of Lands)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 189 of 2003
- Procedural Posture
- Civil Case / Ruling on Application for Leave for Registrar to Sign Transfer Forms
- Outcome
- application granted
- Legal Topics
- Transfer of Land, Execution of Judgments, Registrar Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Archbishop Raphael Stephen Ndingi Mwana A’nzeki
Plaintiff
Palen D’Souza
Plaintiff
Lawrence Njoroge (Registered Trustees of the Archdiocese of Nairobi)
Plaintiff
Nelson Muguku
Defendant
The Honourable Attorney General (on behalf of the Commissioner of Lands)
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave for Registrar to Sign Transfer Forms
Legal Issues
- 1 Whether the Registrar of the High Court should be granted leave to sign transfer forms for land parcel L.R. Number 12948/272 on behalf of the defendant who has refused to comply with court orders.
- 2 Whether personal service on the defendant was necessary before granting such leave.
Ratio Decidendi
The court found that the defendant had been personally served with the relevant court orders but had nonetheless refused to sign the transfer forms as required by the consent judgment and subsequent rulings. In order to give effect to the judgment and prevent further delay or frustration of the court's orders, the court held that it was just and proper to grant leave for the Registrar of the High Court to sign the requisite transfer documents for land parcel L.R. Number 12948/272 on behalf of the defendant. This was in accordance with the Civil Procedure Rules, which empower the court to authorize such action where a party fails to comply with its orders. The court also ordered that the...
Court Disposition
application granted
Orders
- The Registrar of the High Court of Kenya shall sign the transfer forms for land parcel L.R. Number 12948/272 (IR 47605) from Nelson Muguku to the Archdiocese of Nairobi, Kenya Registered Trustees forthwith.
- The costs of this application shall be paid by the defendant to the plaintiff/applicant.
Full Case Text
Judgment text and source record
47 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 189 of 2003
1. Land and Environmental Law Division
2. Subject of main suit: Land
LR12948/272
Mountain view estate, Nairobi
3. Finalized case by way of consent (Ojwang J 3. 5.06)
a) Within consent default clause granted Aluoch J 1. 11. 06
i) Ruling I: Out lines facts extension of time to comply with default clause (Ang’awa J 22. 5.07)
ii) Ruling II defendant prays for stay of execution application rejected Ang’awa J (10. 7.07)
iii) Ruling III leave to have deputy registrar sign requisite transfer documents.
Held – defendant be served personally
4. Further order of court from Ruling III
i) Should the registrar sign the transfer forms that defendant has refused to sign?
5. Held
Order: Registrar to sign the requisite transfer forms.
6. Case law
a) Archbishop Raphael Stephen Ndingi Mwana A’nzeki & Others v Nelson Muguku & Others Hccc189/03 – Ruling No.1. 22 May 2007
b) Archbishop Raphael Stephen Ndingi Mwana A’nzeki & Others v Nelson Muguku &Others Hccc189/03 Ruling No.2 10 July 2007
c) Archbishop Raphael Stephen Ndingi Mwana Anzeki & Others v Nelson Muguku & Others, Hccc 189/03 – Ruling No.3 31 July 2007
d) Archbishop Raphael Stephen Ndingi Mwana An’zeki & Others v Nelson Muguku, Hccc 189/07-Ruling No.4 26 September 2007
ARCH BISHOP RAPHAEL STEPHEN
NDINGI MWANA A’NZEKI ………….……………………1ST PLAINTIFF
PALEN D’SOUZA …………….…………………………..2ND PLAINTIFF
LAWRENCE NJOROGE the registered trustees of
THE ARCH DIOCESE OF NAIROBI ……...…………… 3RD PLAINTIFF
VERSUS
NELSON MUGUKU ……………………………………..1ST DEFENANT
THE HONOURABLE ATTORNEY GENRAL
On behalf of THE COMMISSIONER OF LANDS...2ND DEFENDANT
RULING 4
1: Application dated 19 July 2007 seeking leave to have theRegistrar of the High Court of Kenya sign transfer documentsto land.
1. The background of this matter is contained in three rulings of this court dated the 22 May 2007, 10 July 2007 and 31 July 2007.
2. This is a finalized suit. The plaintiff has brought this application of
19 July 2007 stating that the defendant had refused to sign transfer forms of land as ordered by this court.
3. During the hearing of the said application the defendant stated through his advocate that he requires to be served personally. This has now been done.
II: Orders of court
4. That the Registrar of the High Court of Kenya do sign transfer forms for land parcel L.R. Number 12948/272 (IR 47605) from Nelson Muguku of
P.O. Box 70 Kikuyu to the Archdiocese of Nairobi, Kenya registered Trustees of P.O. Box 23405, Nairobi forthwith.
5. That the costs of this application be pad by the defendant to the plaintiff/applicant.
Dated this 26th day of September 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
T. Makori of Enonda Makoloo, Makori & Co. Advocates for the defendant/applicant – present/absent
M. Juma of Wanyoike of Wanyoike Juma & Co. Advocates for the plaintiff/respondent