[2020] KEELC 301 (KLR)
The court found that the orders sought by the applicants were necessary to facilitate the implementation of its previous decree regarding the combination and distribution of the subject land. The inability of the surveyor to proceed due to a restriction on the title and the refusal of certain parties to sign...
Source-derived case information.
- Citation
- [2020] KEELC 301 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Adjudication Officer, Meru South/Maara District; Interested Party: M’Riba Rumukia; Interested Party: Mwenda Kajogi; Applicant: Zachary Njeru Mugambi; Applicant: M’Ndereba Magiri; Applicant: Francis Kaburu Johnson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case 21 of 2017
- Procedural Posture
- Judicial Review / Ruling on Chamber Summons Application for Implementation Orders
- Outcome
- Application allowed in part; prayers 2 and 3 granted, no order as to costs.
- Legal Topics
- Land Adjudication, Implementation of Court Orders, Land Restrictions, Mutation Forms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Adjudication Officer, Meru South/Maara District
Respondent
M’Riba Rumukia
Interested Party
Mwenda Kajogi
Interested Party
Zachary Njeru Mugambi
Applicant
M’Ndereba Magiri
Applicant
Francis Kaburu Johnson
Applicant
Procedural Posture
Judicial Review / Ruling on Chamber Summons Application for Implementation Orders
Legal Issues
- 1 Whether the court should lift restrictions placed on L.R. Muthambi/L-Kandungu/87 to facilitate implementation of its decree.
- 2 Whether the court should authorize the executive officer to sign mutation forms on behalf of interested parties who have refused to sign.
Ratio Decidendi
The court found that the orders sought by the applicants were necessary to facilitate the implementation of its previous decree regarding the combination and distribution of the subject land. The inability of the surveyor to proceed due to a restriction on the title and the refusal of certain parties to sign mutation forms constituted sufficient grounds for the court to intervene. The court exercised its inherent powers under sections 3 and 3A of the Civil Procedure Act to lift the restriction and authorize the court executive officer to sign the mutation forms on behalf of the non-cooperative interested parties. The court was satisfied that granting these orders would not prejudice any...
Court Disposition
Application allowed in part; prayers 2 and 3 granted, no order as to costs.
Orders
- The restriction placed on L.R. Muthambi/L-Kandungu/87 by the chief land registrar is lifted.
- The court executive officer is authorized to sign the mutation forms of L.R. No. Muthambi/L-Kandungu/87 on behalf of the 1st and 2nd Interested Parties.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 21 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 615 OF 2013
REPUBLIC....................................................................................APPLICANT
VERSUS
LAND ADJUDICATION OFFICER
MERU SOUTH/MAARA DISTRICT....................................RESPONDENT
M’RIBA RUMUKIA............................................1ST INTERESTED PARTY
MWENDA KAJOGI...........................................2ND INTERESTED PARTY
EX-PARTE:
ZACHARY NJERU MUGAMBI.........................................1ST APPLICANT
M’NDEREBA MAGIRI.......................................................2ND APPLICANT
FRANCIS KABURU JOHNSON........................................3RD APPLICANT
RULING
1. This application has been brought to court by way of Chamber Summons under sections 3 and 3A of the Civil Procedure Act.
2. The application is dated 10th December, 2020 and seeks the following orders:
1. The honourable court be pleased to hear this application on priority basis.
2. The honourable court be pleased to order for the lifting of restrictions placed on L.R. Muthambi/L-Kandungu/87 by the chief land registrar.
3. The honourable court be pleased to authorize the court executive officer to sign the mutation forms of L.R. No. Muthambi/L.Kandungu/87 on behalf of the 1st and 2nd Interested Parties who have refused to sign the same.
4. Costs be provided for.
3. The application has the following grounds:
A. The surveyor is unable to implement the court orders due to the restriction on the title and due to the failure of some parties to sign the mutation.
B. This order is for purposes of implementing the decree of this court and as such no party will be prejudiced by the orders sought.
4. The application is buttressed by the affidavit of FRANCIS KABURU JOHNSON sworn on 10th December, 2020, which states:-
I, FRANCS KABURU JOHNSON of P. O. Box 171 Chuka, do make oath and state as follows:-
1. That I am the applicant herein and thus competent to swear this affidavit.
2. That pursuant to this court’s orders to combine and distribute L.R. No. Muthambi/L-Kandungu/87 the surveyor has done the mutation but he is unable to register the same because there is a restriction on the title and because the 1st and 2nd interested parties have declined to sign the mutation forms (annexed is the search certificate marked F.K. ‘1’).
3. That the orders sought herein are merely to help implement the decree of this court and will not prejudice any of the parties if granted.
4. That all what is deponed to herein is true to the best of my knowledge, belief and understanding.
5. The court notes that the application is meant to facilitate implementation of court orders.
6. Prayer 1 in the application is spent because the application has been heard on a priority basis in chambers during these Covid-19 times.
7. The following orders are issued:
a) Prayers 2 and 3 are hereby granted.
b) I issue NO order regarding costs.
Delivered in Chambers at Chuka this 15th day of December, 2020
in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.