[2021] KEHC 2533 (KLR)
The court found that the respondent had failed to comply with the judgment and decree issued on 10th November 2016, which directed the transfer of land parcel BAHATI/KABATINI BLOCK 1/228 to the applicant in trust for his family. The respondent's non-compliance, despite repeated opportunities and absence of...
Source-derived case information.
- Citation
- [2021] KEHC 2533 (KLR)
- Parties
- Respondent: Ronald Mwangi Njuguna; Applicant: Wanyoike Gitonga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 146 of 2010
- Procedural Posture
- Civil Case / Post Judgment Contempt Application
- Outcome
- Application allowed. Orders granted as prayed.
- Legal Topics
- Contempt of Court, Land Registration, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Mwangi Njuguna
Respondent
Wanyoike Gitonga
Applicant
Procedural Posture
Civil Case / Post Judgment Contempt Application
Legal Issues
- 1 Whether the respondent is in contempt of court for failing to comply with the judgment and decree dated 10th November 2016.
- 2 Whether the Land Registrar should be authorised to effect changes to the land register in default of compliance by the respondent.
Ratio Decidendi
The court found that the respondent had failed to comply with the judgment and decree issued on 10th November 2016, which directed the transfer of land parcel BAHATI/KABATINI BLOCK 1/228 to the applicant in trust for his family. The respondent's non-compliance, despite repeated opportunities and absence of opposition, amounted to contempt of court. To ensure enforcement of its orders and prevent frustration of the applicant's rights, the court ordered the respondent to comply within 14 days, failing which the Land Registrar was authorised to effect the changes directly. The court also awarded costs to the applicant.
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- The respondent shall within 14 days after service of this order comply with the judgment and decree dated 10th November 2016.
- In default, the Land Registrar Nakuru County shall effect changes to the register by cancelling the name of the respondent Ronald Mwangi Njuguna and replacing it with the applicant Wanyoike Gitonga and issue a fresh title deed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO. 146 OF 2010.
RONALD MWANGI NJUGUNA ...................................................PLAINTIFF /RESPONDENT
VERSUS
WANYOIKE GITONGA..................................................................DEFENDANT /APPLICANT
RULING
1. Judgement was delivered in this matter on 10th November 2016 in favour of the applicant and the court directed the Land Registrar to effect changes in land parcel number BAHATI/KABATINI BLOCK 1/228 which is registered in the name of the respondent herein. The said changes were to ensure that the applicant would be registered as the owner in trust for his family.
2. The respondent has failed to comply with the said judgement and decree which has necessitated the applicant to file this application dated 2nd June 2021which it seeks the respondent to be punished for contempt and alternatively authorise the land registrar to effect the changes.
3. The application was not opposed despite the same coming before this court severally. The respondent clearly has failed to perform what the court directed and is hell-bent to frustrate the applicant from enjoying the fruits of the judgement.
4. For the forgoing reasons this court directs as hereunder.
a) The respondent should within 14 days after service of this order comply with the judgement and the decree of this court dated 10th November 2016.
b) In default of (a) above the Land Registrar Nakuru county shall effect changes to the register by cancelling the name of the respondent Ronald Mwangi Njuguna and replacing it with the applicant Wanyoike Gitonga and issue him with a fresh title deed.
c) The applicant shall have the costs of this application.
Dated signed and delivered via Nakuru via video link this 4th day of November 2021.
H. K. CHEMITEI.
JUDGE