[2007] KEHC 2178 (KLR)
The court found that the plaintiffs had demonstrated that the original title deed for the subject land was irretrievably lost or misplaced, and that the District Land Registrar was unable to effect transfer without the original. The application was unopposed, and the supporting affidavit established the necessity of...
Source-derived case information.
- Citation
- [2007] KEHC 2178 (KLR)
- Parties
- Plaintiff: Simon Mwangi Wariahe; Plaintiff: Mary Wanjiku; Defendant: Dedan Kanuaga Wariahe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 3629 of 1987
- Procedural Posture
- Civil Case / Ruling on Application for Issuance of New Title Deed
- Outcome
- application granted
- Legal Topics
- Lost Title Deed, Land Registration, Court Orders on Land, Registered Land Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mwangi Wariahe
Plaintiff
Mary Wanjiku
Plaintiff
Dedan Kanuaga Wariahe
Defendant
Procedural Posture
Civil Case / Ruling on Application for Issuance of New Title Deed
Legal Issues
- 1 Whether the District Land Registrar, Murang'a should be authorised to issue a new title deed for land parcel No. Loc. 19/Gacharage-Ini/2603 in the name of Jerusha Nyambura Kanyuga due to loss of the original title.
- 2 Whether the application meets the requirements under the Civil Procedure Act and the Registered Land Act for issuance of a new title deed.
Ratio Decidendi
The court found that the plaintiffs had demonstrated that the original title deed for the subject land was irretrievably lost or misplaced, and that the District Land Registrar was unable to effect transfer without the original. The application was unopposed, and the supporting affidavit established the necessity of issuing a new title to effectuate the court's earlier decree and order. The court exercised its powers under the Registered Land Act and the Civil Procedure Act to grant the application, holding that the order sought was in the interest of justice.
Court Disposition
application granted
Orders
- The District Land Registrar, Murang'a is authorised to issue another title deed in the name of Jerusha Nyambura Kanyuga in respect to land parcel No. Loc. 19/Gacharage-Ini/2603.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 3629 of 1987
1. SIMON MWANGI WARIAHE
2. MARY WANJIKU …………..…………………………..PLAINTIFF
V E R S U S
DEDAN KANUAGA WARIAHE ………….………….DEFENDANT
R U L I N G
There has been considerable delay in the preparation and delivery of this ruling. The same was occasioned by my serious illness in the years 2005 and 2006 and the long attendant recuperation. The delay is regretted.
This is an application by the Plaintiffs for an order that the District Land Registrar, Murang’a be authorised to issue another title deed in the name of JERUSHA NYAMBURA KANYUGA in respect to land parcel No. Loc. 19/GACHARAGE-INI/2603. The application is expressed to be brought under sections 3 and 3A of the Civil Procedure Act, Cap. 21 and also under section 33 of the Registered Land Act, Cap. 300. The grounds for the application are that the original title of the said parcel of land is irretrievably lost or misplaced and that the District Land Registrar is unable to transfer the parcel of land unless the original title is surrendered to him. There is a supporting affidavit sworn by the 1st Plaintiff. The said affidavit discloses that a new title is sought in order to effectuate the decree of the court made herein and also the order of the court made herein on 29th April, 2002.
The application was duly served upon the Defendant. She did not file any papers in response to the application.
I am satisfied that the order sought will be in the interest of justice in this matter. I will therefore grant the application as prayed with no order as to costs. There will be orders accordingly.
DATED AT NAIROBI THIS 15TH DAY OF AUGUST, 2007
H. P. G. WAWERU
J U D G E
DELIVERED ON 17th DAY OF AUGUST, 2007