[2017] KEELC 2585 (KLR)
The court found that the plaintiff/applicant was entitled to the orders sought, as the defendant/respondent had failed to execute the necessary documents to facilitate the registration of 5.8 acres of land in the plaintiff's name as decreed by the court. The application was unopposed, and the court was satisfied...
Source-derived case information.
- Citation
- [2017] KEELC 2585 (KLR)
- Parties
- Applicant: Ruita Kabutu; Respondent: Anna Wambui Eliza
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 207 of 2013
- Procedural Posture
- Miscellaneous Application / Post Judgment Enforcement Application
- Outcome
- Application allowed. Deputy Registrar authorized to execute documents on behalf of defendant.
- Judges
- BN Olao
- Legal Topics
- Adverse Possession, Land Registration, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ruita Kabutu
Applicant
Anna Wambui Eliza
Respondent
Procedural Posture
Miscellaneous Application / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute legal documents on behalf of the defendant to facilitate execution of the decree for registration of land in favour of the plaintiff.
- 2 Whether the defendant's failure to execute the necessary documents justifies court intervention.
Ratio Decidendi
The court found that the plaintiff/applicant was entitled to the orders sought, as the defendant/respondent had failed to execute the necessary documents to facilitate the registration of 5.8 acres of land in the plaintiff's name as decreed by the court. The application was unopposed, and the court was satisfied that authorizing the Deputy Registrar to execute the relevant documents was necessary to give effect to its earlier judgment and prevent frustration of the decree. The court exercised its powers under the Civil Procedure Act and Rules to ensure that its judgment was not rendered nugatory by the inaction or refusal of the judgment-debtor.
Court Disposition
Application allowed. Deputy Registrar authorized to execute documents on behalf of defendant.
Orders
- The Deputy Registrar of the court is authorized to execute all relevant legal documents on behalf of the defendant/respondent to facilitate full execution of the decree.
- No order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA
ELC CASE NO. 207 OF 2013
RUITA KABUTU………………………….........……PLAINTIFF/APPLICANT
VERSUS
ANNA WAMBUI ELIZA………………...……DEFENDANT/RESPONDENT
RULING
On 11th November 2016, this Court delivered its judgment in favour of the Plaintiff/Applicant in the following terms:
1. The plaintiff is declared to have become entitled by way of adverse possession for over 12 years to all that parcel of land measuring 5. 8 acres comprised in title No. KABARE/NYANGATI/826.
2. The Plaintiff be registered as the sole proprietor of 5. 8 acres out of 3. 04 Hectares of the said land parcel No. KABARE/NYANGATI/826.
3. The Land Registrar do register the plaintiff as the proprietor of 5. 8 acres out of land parcel No. KABARE/NYANGATI/826.
4. Such registration should as much as possible be in accordance to the portion that the plaintiff and his family now occupy.
5. Each party to meet their own costs.
No appeal has been preferred against that judgment and a decree has been extracted accordingly. The Plaintiff has now filed an application dated 2nd May 2017 in which the following substantive orders are sought:
1. Spent.
2. That the Honourable Court do authorize the Deputy Registrar of this Court to execute all the relevant legal documents on behalf of the defendant to facilitate the full execution of the decree.
That application which is the subject of this ruling is supported by the affidavit of RUITA KABUTU the Plaintiff/Applicant herein in which it is deponed, inter alia, that the Defendant/Respondent is not interested in executing the necessary documents to facilitate the partitioning of the land subject of this suit following the decree issued on 3rd November 2016 and from which no appeal has been preferred. I notice from the record herein that on 13th February 2017, the Defendant/Respondent had filed her own Notice of Motion which appears to seek almost similar orders to the ones sought in this application. However that application is yet to be prosecuted.
The Plaintiff/Applicant’s Notice of Motion dated 2nd May 2017 was duly served upon counsel on record for the Defendant/Respondent MR. IGATI MWAI on 12th May 2017 but no response has been filed to-date. The application is therefore not opposed.
In the circumstances, the Plaintiff/Applicant’s Notice of Motion dated 2nd May 2017 is allowed in the following terms:
1. The Deputy Registrar of this Court is authorized to execute all the relevant legal documents on behalf of the Defendant/Respondent to facilitate the full execution of the decree herein.
2. No order as to costs.
B.N. OLAO
JUDGE
31ST MAY, 2017
Ruling dated, delivered and signed in open Court this 31st day of May 2017
Ms Kiragu holding brief for both Mr. Ngangah Advocate and Mr. Mwai Advocate.
B.N. OLAO
JUDGE
31ST MAY, 2017