[2021] KEELC 4010 (KLR)
The court found that the application was properly served and remained unopposed. Satisfied with the affidavit of service and the absence of any contest, the court exercised its discretion to extend the time for applying for Land Control Board consent for the transfer of the specified land parcel. The court further...
Source-derived case information.
- Citation
- [2021] KEELC 4010 (KLR)
- Parties
- Applicant: Stephen Kiprop Maiyo; Respondent: Njoroge Wainaina
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 20 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion
- Outcome
- application allowed as unopposed
- Legal Topics
- Land Control Board Consent, Extension of Time, Transfer of Land, Execution of Transfer Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kiprop Maiyo
Applicant
Njoroge Wainaina
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether the Applicant is entitled to an extension of time to apply for Land Control Board consent for transfer of land parcel Kahungura Settlement Scheme Plot No. 227.
- 2 Whether the Respondent should be compelled to transfer the said land parcel to the Applicant within a specified period.
- 3 Whether the Deputy Registrar should be authorized to execute transfer documents if the Respondent fails to do so.
Ratio Decidendi
The court found that the application was properly served and remained unopposed. Satisfied with the affidavit of service and the absence of any contest, the court exercised its discretion to extend the time for applying for Land Control Board consent for the transfer of the specified land parcel. The court further ordered the Respondent to effect the transfer within sixty days, and in the event of non-compliance, authorized the Deputy Registrar to execute the necessary documents. Each party was ordered to bear their own costs. The decision was grounded on the unopposed nature of the application, the sufficiency of service, and the statutory provisions empowering the court to grant the...
Court Disposition
application allowed as unopposed
Orders
- Time for applying for Land Control Board’s consent for transfer is extended to be applied for before 17th May, 2021.
- The Respondent shall transfer land parcel Kahungura Settlement Scheme Plot No. 227 to the Applicant within sixty (60) days; if the Respondent fails to execute the documents, the Deputy Registrar shall do so.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L MISC. APPLICATION NO. 20 OF 2020
STEPHEN KIPROP MAIYO..................................APPLICANT
VERSUS
NJOROGE WAINAINA.....................................RESPONDENT
RULING
Having heard the learned Counsel for the Applicant in the Notice of Motion under Certificate of Urgency dated 6th August, 2020 and upon being satisfied that it was served through advertisement as shown in the annexture to the affidavit of service sworn on 3rd December, 2020 and no replying papers have been filed, the Court takes the application as unopposed. The Court finds merit in the said application and orders as follows;
(a) That the time for applying for Land Control Board’s consent for transfer is hereby extended and the same to be applied for before 17th May, 2021.
(b) That the Respondent do transfer land parcel Kahungura Settlement Scheme Plot No. 227 to the Applicant within sixty (60) days and should he decline to sign or execute any of the relevant document to give effect to this order, such documents be signed and or executed by the Deputy Registrar.
(c) That each party bears his own costs.
It is so ordered.
Delivered virtually and dated at Eldoret this 17th day of March, 2021.
S. M. KIBUNJA
JUDGE
In the presence of:
Applicant: Absent.
Respondent: Absent.
Counsel: M/s Kinyua for the Applicant.
Court Assistant: Christine
and the Ruling is to be transmitted digitally by the Deputy Registrar to the Counsel on record through their e-mail addresses.