[2016] KEHC 4659 (KLR)
The court found that the applicant was entitled to the transfer of land parcel KAGAARI/WERU/580 as previously decreed. Since the defendant had been served with the application and failed to respond or appear, there was no opposition to the application. The court, therefore, allowed the application and empowered the...
Source-derived case information.
- Citation
- [2016] KEHC 4659 (KLR)
- Parties
- Applicant: Sarafina Wanjuki Njiru; Respondent: David Njeru Nthiga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 49 of 2014
- Procedural Posture
- Miscellaneous Application / Post Judgment Application for Execution
- Outcome
- Application allowed as prayed with no order as to costs.
- Judges
- BN Olao
- Legal Topics
- Land Registration, Transfer of Title, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarafina Wanjuki Njiru
Applicant
David Njeru Nthiga
Respondent
Procedural Posture
Miscellaneous Application / Post Judgment Application for Execution
Legal Issues
- 1 Whether the Deputy Registrar should be empowered to sign documents to effect transfer of land parcel KAGAARI/WERU/580 to the plaintiff.
- 2 Whether the application should be granted in the absence of a response from the defendant.
Ratio Decidendi
The court found that the applicant was entitled to the transfer of land parcel KAGAARI/WERU/580 as previously decreed. Since the defendant had been served with the application and failed to respond or appear, there was no opposition to the application. The court, therefore, allowed the application and empowered the Deputy Registrar to sign all necessary documents to effect the transfer, ensuring the judgment was implemented and the applicant's rights were realized.
Court Disposition
Application allowed as prayed with no order as to costs.
Orders
- The Deputy Registrar of the High Court at Embu is empowered to sign all necessary documents to facilitate the transfer of land parcel No. KAGAARI/WERU/580 to the plaintiff.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
ELC CASE NO. 49 OF 2014 (O.S)
SARAFINA WANJUKI NJIRU…………………APPLICANT/PLAINTIFF
VERSUS
DAVID NJERU NTHIGA………..…………RESPONDENT/DEFENDANT
RULING
On 25th February 2015, Bwonwonga J delivered a judgment in this case in which the Judge declared the plaintiff as the owner of the land parcel No. KAGAARI/WERU/580 and ordered that she be registered as the owner thereof. A Decree was drawn accordingly cancelling the defendants name in the certificate of title.
The plaintiff has now moved this Court by Notice of Motion dated 26th January 2016 seeking an order that the Deputy Registrar of this Honourable Court be empowered to sign all the necessary documents to facilitate the transfer of the said land parcel No. KAGAARI/WERU/580 to the plaintiff.
The application was duly served upon the defendant on 13th May 2016 at his home in Kithungururu village. However, there is no reply to the same.
The plaintiff’s Notice of Motion dated 26th January 2016 is accordingly allowed as prayed with no order as to costs.
B.N. OLAO
JUDGE
9TH JUNE, 2016
Ruling delivered, dated and signed in open Court this 9th day of June 2016.
Mr. Andande for the Applicant present
No appearance for the Respondent.
B.N. OLAO
JUDGE
9TH JUNE, 2016