[2015] KEHC 7911 (KLR)
The court found that the defendant had failed to execute the transfer documents as required by the judgment delivered on 30th October 2014. To ensure the judgment is implemented and justice is not defeated by non-compliance, the court exercised its discretion under the Civil Procedure Act to empower its executive...
Source-derived case information.
- Citation
- [2015] KEHC 7911 (KLR)
- Parties
- Plaintiff: Silas B. M. Makinya; Defendant: Livingstone Koome Barana
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Execution
- Outcome
- Application allowed. Court executive officer empowered to execute transfer documents. No costs awarded.
- Judges
- FM Njoroge
- Legal Topics
- Execution of Judgment, Transfer of Land, Court Orders, Non Compliance With Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas B. M. Makinya
Plaintiff
Livingstone Koome Barana
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Execution
Legal Issues
- 1 Whether the court should empower its executive officer to execute transfer documents for land parcel NTIMA/IGOKI/3001 to the plaintiff due to the defendant's failure to comply with previous court orders.
- 2 Whether costs should be awarded in the present application.
Ratio Decidendi
The court found that the defendant had failed to execute the transfer documents as required by the judgment delivered on 30th October 2014. To ensure the judgment is implemented and justice is not defeated by non-compliance, the court exercised its discretion under the Civil Procedure Act to empower its executive officer to execute all necessary documents for the transfer of land parcel NTIMA/IGOKI/3001 to the plaintiff. The court also noted the plaintiff's express waiver of costs, including those previously awarded, and set aside the costs accordingly. The orders sought were granted to give effect to the court's earlier judgment and to prevent further delay or frustration of the...
Court Disposition
Application allowed. Court executive officer empowered to execute transfer documents. No costs awarded.
Orders
- The executive officer of the court is empowered to execute all documents necessary for the transfer of land parcel NTIMA/IGOKI/3001 to the plaintiff to give effect to the court's orders of 20th October 2014.
- No costs are awarded in this application and the costs granted to the plaintiff in the judgment delivered on 30th October 2014 are set aside.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HGH COURT OF KENYA AT MERU
ELC CASE NO. 2 OF 2014 (OS)
SILAS B. M. MAKINYA..................................................................PLAINTIFF
VERSUS
LIVINGSTONE KOOME BARANA...............................................DEFENDANT
R U L I N G
This application is brought to Court under Sections 1A and 1B of the Civil Procedure Act. It is dated 21. 9.2015 and seeks orders that:
This honourable court do empower the executive officer of the court to execute all documents for transfer of land parcel No. NTIMA/IGOKI/3001 to the plaintiff so as to give effect to the orders made by this court on 20th October, 2014.
Costs be provided for.
The application is supported by the affidavit of SILAS B. M. Makinya and has the following grounds.
The defendant has failed to execute transfer documents.
It is necessary that the orders sought do issue to give effect to the orders made by the honourable court.
On 11. 11. 2015, Mr. Gatare Ringera told the Court that the application was meant to enable the implementation of this Court's Judgment delivered on 30. 10. 2014. Upon perusal of this Court's Judgement and the application, I agree.
Mr. Ringera has told the court that the plaintiff does not seek costs including the costs this court awarded to the plaintiff in the judgement dated 30. 10. 20. I do grant the following orders:
Prayer 2 in the application is allowed.
No costs are awarded in this application and the costs granted to the plaintiff in the judgment delivered on 30. 10. 2014 are set aside at the instance of the plaintiff.
It is so ordered.
Delivered in Open Court at Meru this 11th day of November, 2015 in the presence of:
Cc. Daniel/Lilian
Gatare Ringera for Plaintiff
P. M. NJOROGE
JUDGE