[2019] KEELC 4355 (KLR)

[2019] KEELC 4355 (KLR)

The court found that the severance of the defendants' joint share in the suit property was necessary to facilitate the logical implementation of the consent judgment previously entered by the parties. Without such severance, the land registrar would be unable to execute the court order dated 20th July 2017. The...

Source-derived case information.

Citation
[2019] KEELC 4355 (KLR)
Parties
Plaintiff: Tabitha Kathambi Mbaabu; Defendant: Geoffrey Murithi M’Ithima; Defendant: David Kiogora M’Ithima
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 230 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Severance of Land Shares
Outcome
application allowed
Legal Topics
Severance of Joint Ownership, Execution of Court Orders, Consent Judgment Implementation
Source Language
en
Land and Property Severance of Joint Ownership Execution of Court Orders Consent Judgment Implementation

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Summary, issues, holding and outcome

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Parties

Tabitha Kathambi Mbaabu

Plaintiff

Geoffrey Murithi M’Ithima

Defendant

David Kiogora M’Ithima

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application for Severance of Land Shares

Legal Issues

  1. 1 Whether the court should order the severance of the defendants' joint share in parcel No. Abogeta/L-Chure/307 to facilitate execution of the consent judgment.
  2. 2 Whether the separation of shares is necessary for the land registrar to execute the court orders dated 20th July 2017.

Ratio Decidendi

The court found that the severance of the defendants' joint share in the suit property was necessary to facilitate the logical implementation of the consent judgment previously entered by the parties. Without such severance, the land registrar would be unable to execute the court order dated 20th July 2017. The application was therefore allowed as drawn to ensure that each defendant receives his ½ share, enabling the execution of the court's orders.

Court Disposition

application allowed

Orders

  • The defendants' share in parcel No. Abogeta/L-Chure/307 shall be separated, and each defendant shall receive his ½ share to enable the land registrar to execute the court orders dated 20th July 2017.