[2021] KEELC 3733 (KLR)
The court found that the application sought to implement a prior judgment which had already determined ownership of the disputed parcels of land and ordered rectification of the land register. As neither party filed submissions or responses to the application, and given the age of the matter and the limited nature...
Source-derived case information.
- Citation
- [2021] KEELC 3733 (KLR)
- Parties
- Plaintiff: Tilal Ole Kaura; Plaintiff: James Nairuko; Plaintiff: Tumpes Tampash; Plaintiff: Mbartan Group Ranch; Defendant: Bartan Kaura; Defendant: Paul Muntet; Defendant: Daniel Sururu; Defendant: Barkitabu Group Ranch
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 68 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Post Judgment Application for Execution of Decree
- Outcome
- application allowed
- Judges
- MN Kullow
- Legal Topics
- Rectification of Title, Execution of Decree, Mutation Forms, Ownership Declaration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tilal Ole Kaura
Plaintiff
James Nairuko
Plaintiff
Tumpes Tampash
Plaintiff
Mbartan Group Ranch
Plaintiff
Bartan Kaura
Defendant
Paul Muntet
Defendant
Daniel Sururu
Defendant
Barkitabu Group Ranch
Defendant
Procedural Posture
Notice of Motion / Ruling on Post Judgment Application for Execution of Decree
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute mutation forms to implement the court's decree.
- 2 Whether the application for rectification of title deeds should be allowed in the absence of responses or submissions from the parties.
Ratio Decidendi
The court found that the application sought to implement a prior judgment which had already determined ownership of the disputed parcels of land and ordered rectification of the land register. As neither party filed submissions or responses to the application, and given the age of the matter and the limited nature of the relief sought (rectification of title deeds to reflect the court's decree), the court exercised its discretion to allow the application. The court authorized the Deputy Registrar to execute the necessary mutation forms to ensure the decree is implemented, thereby facilitating the rectification of the land records in accordance with the judgment delivered on 20th December,...
Court Disposition
application allowed
Orders
- The Deputy Registrar of the court is authorized to execute mutation forms for purposes of implementing the decree of the court.
- No orders as to costs.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC CAUSE NO. 68 OF 2017
FORMERLY ELC CAUSE NO. 478 OF 2013
TILAL OLE KAURA................................1ST PLAINTIFF
JAMES NAIRUKO...................................2ND PLAINTIFF
TUMPES TAMPASH...............................3RD PLAINTIFF
MBARTAN GROUP RANCH.................4TH PLAINTIFF
-VERSUS-
BARTAN KAURA..................................1ST DEFENDANT
PAUL MUNTET....................................2ND DEFENDANT
DANIEL SURURU................................3RD DEFENDANT
BARKITABU GROUP RANCH..........4TH DEFENDANT
RULING
Introduction
What is before me is a Notice of Motion dated 6th February, 2019 filed under a Certificate of Urgency. The Application is Supported by the Affidavit of Bartan Kaura sworn on 6th February, 2019.
The Application is praying for the following Orders: -
1. That service of this application upon the Plaintiff’s/Respondents be dispensed with in the first instance.
2. That the Honourable Court do authorize the Deputy Registrar of this Honourable court to execute mutation forms for purposes of implementing the Decree of this Honourable Court.
Applicant’s Case
The Applicant avers that the judgement delivered on 20th December, 2018 by this court ordered as below: -
i) That a declaration is hereby issued that the 4th Plaintiff is the owner of land known as CIS Mara/Siana/’’A’’/129 and that the 3rd Defendant is the owner of that parcel of land known as CIS Mara/Siana/’’A’’/127.
ii) That an Order is hereby issued to the District Land Registrar Narok and Surveyor to amend within 90 days so that each parcel of land be accorded its parcel number to the ground position and RIM.
Issue for Determination.
The issue for determination at this stage is whether the Applicant is entitled to the Orders sought.
On 2/12/2019, I directed that leave be granted to the respondent to file and serve their replying affidavit within 14 days, and corresponding leave to the applicant to file and serve supplementary affidavit if any within 7 days of service of the respondents. The application be disposed off by way of written submissions. The applicant to file and serve his submissions within 14 days of service of the respondents replying affidavit. The respondents to have 7 days thereafter to file the applicant’s submissions.
I do note that the Respondents in this matter have not filed any Response nor written Submissions. The Applicant has also not filed any written Submissions.
I also note that this is a fairly old matter where the prayers are only for rectification of the Title deeds to reflect the owners/proprietors as per the Decree issued by this court on 20th December, 2018 and I therefore allow the Application as prayed with no orders as to costs.
GIVEN UNDER MY HAND AND THE SEAL OF THIS HONOURABLE COURT THIS 18TH DAY OF MARCH, 2021
MOHAMED N. KULLOW
JUDGE
18/3/2021
In the presence of:-
CA:Chuma
Parties and advocates: absent
MOHAMED N. KULLOW
JUDGE
18/3/2021