[2024] KEELC 3808 (KLR)

Source-derived case information.

Citation: [2024] KEELC 3808 (KLR)
Parties: Applicant: Ali Guyo Sorcha; Respondent: Noor Muhidin; Respondent: County Government of Marsabit; Respondent: Land Registrar, Marsabit/Isiolo; Respondent: Attorney General
Court: Environment and Land Court
Court Station: Environment and Land Court at Isiolo
Jurisdiction: Kenya
Case Number: Environment & Land Petition 009 of 2021
Procedural Posture: Environment and Land Petition / Ruling on Post Judgment Application to Amend Decree and Facilitate Execution
Outcome: Application allowed in terms of prayers (b) and (c); costs awarded to the applicant.
Judges: PM Njoroge
Legal Topics: Amendment of Decree, Execution of Judgment, Land Title Rectification
Source Language: en

Land and Property Civil Procedure Amendment of Decree Execution of Judgment Land Title Rectification

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

Parties

Ali Guyo Sorcha

Applicant

Noor Muhidin

Respondent

County Government of Marsabit

Respondent

Land Registrar, Marsabit/Isiolo

Respondent

Attorney General

Respondent

Procedural Posture

Environment and Land Petition / Ruling on Post Judgment Application to Amend Decree and Facilitate Execution

Legal Issues

1 Whether the court should allow amendment of the decree to reconcile it with the judgment regarding land parcel descriptions.
2 Whether the Land Registrar should be permitted to dispense with original titles in executing the decree.
3 Whether costs should be awarded to the applicant.

Ratio Decidendi

The court found that the applicant had demonstrated that the judgment and decree were at variance regarding the description of the land parcels, necessitating amendment for clarity and proper execution. The respondents, having failed to respond to the application despite service, did not contest the facts or the reliefs sought. The court held that it is empowered to amend its decree to conform with the judgment and to make orders facilitating execution, including allowing the Land Registrar to dispense with original titles where respondents are uncooperative. The application was therefore allowed in terms of amending the decree and permitting execution without the original titles. Costs...

Court Disposition

Application allowed in terms of prayers (b) and (c); costs awarded to the applicant.

Orders

Leave granted to amend the decree dated December 30, 2023 by substituting 'Marsabit Town' with 'Marsabit/JIRME' in respect to land parcels 126 and 127.
The Land Registrar, Marsabit-Isiolo, is allowed to dispense with original titles in execution of the decree.

Full Case Text

Judgment text and source record

25 paragraphs

Sorcha v Muhidin & 3 others (Environment & Land Petition 009 of 2021) [2024] KEELC 3808 (KLR) (13 May 2024) (Ruling)

Neutral citation: [2024] KEELC 3808 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Petition 009 of 2021

PM Njoroge, J

May 13, 2024

Between

Ali Guyo Sorcha

Petitioner

and

Noor Muhidin

1st Respondent

County Government of Marsabit

2nd Respondent

Land Registrar, Marsabit/Isiolo

3rd Respondent

Attorney General

4th Respondent

Ruling

1. This application is dated 4/4/2023 and seeks orders;a.That this Honourable Court be pleased to certify this application as urgent and order that the same be heard expeditiously.b.That this Honourable Court be pleased to grant leave to the applicant to amend the decree dated December 30, 2023 by substituting the names Marsabit Town with Marsabit/JIRME in respect to land parcels 126 and 127 respectively in terms of the annexed draft.c.That the Land Registrar, Marsabit -Isiolo be allowed to dispense with original titles in execution of the decree herein.d.That the court do give such other orders as it deems fit.

2. The application is supported by the affidavit of Abdi Ali Sorcha, the applicant and has the following grounds;a.The judgment and the decree are at variance and need to be reconciled.b.The respondents are unwilling to surrender original titles to the Land Registrar for execution of courts decree.c.The respondents are intentionally delaying the execution of the decree.

3. When the application came up for hearing on 13/5/2024, advocate Benjamin Ondari, for the applicant asked the court to allow the application because despite service, the respondents had not filed and served responses. I find that the advocate’s position is correct. He also asked the court to grant costs under prayer (d).

4. In the circumstances, the following orders are issued:a.The application is allowed in terms of prayer (b) and (c).b.Costs shall follow the event and are awarded to the applicant.

DELIVERED IN OPEN COURT AT ISIOLO THIS 13TH DAY OF MAY, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaHON. JUSTICE P.M NJOROGEJUDGE

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