[2020] KEELC 1422 (KLR)
The court found that the matter had been finalized by a consent judgment and a decree had been extracted. The defendants' refusal to sign the transfer documents was obstructing execution of the decree. To ensure the plaintiff could enjoy the fruits of the judgment, the court exercised its powers under the Civil...
Source-derived case information.
- Citation
- [2020] KEELC 1422 (KLR)
- Parties
- Plaintiff: Registered Trustees of the Diocese of Embu; Defendant: Beatrice Nthia E Nyaga; Defendant: Cosmas N.E. Kathungu; Defendant: Mwenendega Enterprises Ltd; Defendant: Gilbert Waitti Muchiri; Defendant: Agnes Wawira Ireri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 125 of 2014
- Procedural Posture
- Miscellaneous Application / Post Judgment Execution Application
- Outcome
- application allowed
- Legal Topics
- Transfer of Land, Execution of Decree, Court Orders, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Registered Trustees of the Diocese of Embu
Plaintiff
Beatrice Nthia E Nyaga
Defendant
Cosmas N.E. Kathungu
Defendant
Mwenendega Enterprises Ltd
Defendant
Gilbert Waitti Muchiri
Defendant
Agnes Wawira Ireri
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment Execution Application
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign transfer documents on behalf of the 1st, 2nd, and 3rd defendants for Land Parcel No. Kagaari/Kigaa/3076.
- 2 Whether the District Land Registrar, Embu, should dispense with the production of the original title deed for the transfer process.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the matter had been finalized by a consent judgment and a decree had been extracted. The defendants' refusal to sign the transfer documents was obstructing execution of the decree. To ensure the plaintiff could enjoy the fruits of the judgment, the court exercised its powers under the Civil Procedure Act and Rules to order the Deputy Registrar to sign all necessary documents on behalf of the 1st, 2nd, and 3rd defendants for the transfer of Land Parcel No. Kagaari/Kigaa/3076. The court further ordered the District Land Registrar, Embu, to dispense with the production of the original title deed to facilitate the transfer. Costs were awarded to the applicant as the...
Court Disposition
application allowed
Orders
- The Deputy Registrar is ordered to sign on behalf of the 1st, 2nd, and 3rd defendants all necessary documents for the transfer of Land Parcel No. Kagaari/Kigaa/3076 to the plaintiff.
- The District Land Registrar, Embu, is ordered to dispense with the production of the original title deed for the transfer process.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
EMBU ELC CASE NO. 125 OF 2014
FORMELY KERUGOYA ELC NO. 30 OF 2012
REGISTERED TRUSTEES OF THE DIOCESE OF EMBU....................PLAINTIFFS
VERSUS
BEATRICE NTHIA E NYAGA............................................................1ST DEFENDANT
COSMAS N.E. KATHUNGU.................................................................2ND DEFENDANT
MWENENDEGA ENTRPRISES LTD.................................................3RD DEFENDANT
GILBERT WAITTI MUCHIRI..............................................................4TH DEFENDANT
AGNES WAWIRA IRERI.......................................................................5TH DEFENDANT
RULING
1. This application was brought to court by way of a Certificate of Urgency. The Notice of Motion states that the application is reliant upon sections 1A and 3A of the Civil Procedure Act and Order 22 Rule 7 of the Civil Procedure Rules. The application has been handled in chambers without the participation of the parties due to COVID 19 concerns.
2. The application seeks the following orders:
1. That this honourable court be pleased to order its Deputy Registrar to sign on behalf of the 1st, 2nd and 3rd defendants all necessary documents for the transfer of piece of land Kagaari/Kigaa/3076 to the plaintiff.
2. The District Land Registrar Embu do dispense with the production of the original title deed for the transfer process.
3. The costs of this application be awarded to the applicant.
3. The application is supported by the affidavit of Morris Gachura Njage (for the plaintiff) and has the following grounds:
a) The decree of this court needs to be executed in order for the applicants to enjoy the fruits of their judgment.
b) The defendants adamantly refuse to sign the necessary papers to enable the transfer.
c) Which application shall also be supported by the annexed affidavit of Morris Njagi advocate, the nature of the case and other reasons to be adduced at the hearing.
4. I have perused this application, its annexures and all the proceedings in this file. It is pellucid that this is a finalized matter. The apposite decree has already been extracted and the decree was spawned by a judgment entered by the Hon. Justice Y. Angima, ELC Judge, at Embu on 17th October, 2019. The judgment emanated from a consent of the parties. Litigation must at some point come to an end.
5. Consequently, I grant the following orders:
1. Prayer 1 is granted to the effect that the Deputy Registrar is hereby ordered to sign on behalf of the 1st, 2nd and 3rd defendants ALL necessary documents for the transfer of Land Parcel No. KAGAARI/KIGAA/3076 to the plaintiff.
2. The District Land Registrar, Embu, is ordered to dispense with the production of the original title deed for the transfer process.
3. Costs of this application are awarded to the applicant.
Delivered in chambers at Chuka this 13th day of August, 2020 in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE