[2017] KEELC 3525 (KLR)
The court found that since judgment had already been entered in favour of the applicants for adverse possession and the respondent had failed to execute the necessary transfer documents despite service, it was just and necessary to authorize the Deputy Registrar to execute all requisite documents to effect the...
Source-derived case information.
- Citation
- [2017] KEELC 3525 (KLR)
- Parties
- Plaintiff: Sikany Ole Lengeny & 15 Others; Defendant: John Sala Koguls
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 207 of 2013
- Procedural Posture
- Miscellaneous Application / Post Judgment Application for Execution of Transfer
- Outcome
- Application allowed. Deputy Registrar directed to execute all instruments to transfer the suit land to the applicants. No order as to costs.
- Judges
- MA Silau
- Legal Topics
- Adverse Possession, Transfer of Land, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sikany Ole Lengeny & 15 Others
Plaintiff
John Sala Koguls
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment Application for Execution of Transfer
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute transfer documents for the suit land on behalf of the respondent.
- 2 Whether the applicants are entitled to have the suit land registered in their collective names following judgment for adverse possession.
Ratio Decidendi
The court found that since judgment had already been entered in favour of the applicants for adverse possession and the respondent had failed to execute the necessary transfer documents despite service, it was just and necessary to authorize the Deputy Registrar to execute all requisite documents to effect the transfer of the suit land to the applicants. This was the only way to ensure the applicants could enjoy the fruits of their judgment, as the respondent had shown no interest in complying with the court's orders. The application was therefore allowed as prayed.
Court Disposition
Application allowed. Deputy Registrar directed to execute all instruments to transfer the suit land to the applicants. No order as to costs.
Orders
- The Deputy Registrar of the court shall sign all instruments and ensure that land parcel Narok/Cis Mara/Nkoben/147 is transferred into the collective names of the applicants.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO 207 OF 2013
SIKANY OLE LENGENY & 15 OTHERS….............PLAINTIFFS
VERSUS
JOHN SALA KOGULS…………………..…..……DEFENDANT
RULING
(Application to have Deputy Registrar execute transfer forms to applicants; judgment having been entered in favour of applicants for adverse possession; application not opposed; application allowed)
1. The application before me is that dated 6 April 2016. It seeks orders to have the Deputy Registrar of this court execute transfer documents for the land parcel Narok/Cis Mara/Nkoben/147 to the applicants.
2. The background leading to this application is that vide an Originating Summons filed on 12 March 2012, the applicants sought orders that they be declared owners of the suit land by way of adverse possession. Despite being served, the respondent did not enter appearance and did not participate in the suit. The matter was heard ex-parte and judgment delivered on 10 March 2016 in favour of the applicants. It was declared that the applicants are entitled to the suit land through adverse possession and it was further ordered that the suit land be registered in their collective names. On 8 June 2016, the respondent was served with a Notice of Entry of Judgment but he has not reacted to it.
3. Through this application, the applicants aver that they wish to enjoy the fruits of their judgment and that efforts to have the respondent execute the transfer forms in their favour have been futile.
4. The respondent has been served with this application but has not responded to it. On my part, I see no reason to deny the applicants the prayers that they seek. Judgment has already been entered in their favour and it has already been held that they are entitled to be registered as proprietors of the suit land. It is apparent that the respondent has no interest in signing the transfer instruments to the applicants. The only way in which the applicants can enjoy the fruits of their judgment is by me directing the Deputy Registrar to execute all requisite documents and instruments so that the suit land may be transferred to the applicants. I therefore hereby direct the Deputy Registrar of this court to sign all instruments and ensure that the suit land is transferred into the collective names of the applicants.
5. I make no orders as to costs.
6. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 8th day of February 2017.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :
Mr L M Karanja holding brief for Mr. Morintat for the applicants
N/A on part of the respondent
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU