[2020] KEELC 2190 (KLR)

[2020] KEELC 2190 (KLR)

The court held that the land in question had already been vested in the defendants by virtue of the prior judgment, and thus a further vesting order was unnecessary. The registration of the defendants' entitlement did not constitute a controlled transaction under the Land Control Act, so no Land Control Board...

Source-derived case information.

Citation
[2020] KEELC 2190 (KLR)
Parties
Plaintiff: Titus Kuto Kipungar; Defendant: Selina Tamining; Defendant: Pius Rotich; Defendant: Musa Koskei; Defendant: James Kipyego
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Case Number
Environment & Land Case 181 of 2013
Procedural Posture
Land Case / Ruling on Post Judgment Application for Vesting and Execution Orders
Outcome
Application declined; operative orders issued to enforce judgment.
Legal Topics
Vesting Orders, Execution of Judgment, Land Registration, Trusts in Land
Source Language
en
Land and Property Vesting Orders Execution of Judgment Land Registration Trusts in Land

Source-derived case record

Summary, issues, holding and outcome

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Parties

Titus Kuto Kipungar

Plaintiff

Selina Tamining

Defendant

Pius Rotich

Defendant

Musa Koskei

Defendant

James Kipyego

Defendant

Procedural Posture

Land Case / Ruling on Post Judgment Application for Vesting and Execution Orders

Legal Issues

  1. 1 Whether the court should issue a vesting order to vest 17.25 acres out of LR Number West Pokot/Siyoi/263 in the defendants.
  2. 2 Whether the plaintiff should be compelled to execute Land Control Board forms for subdivision and transfer, or whether the Deputy Registrar should do so in default.
  3. 3 Whether the plaintiff should be compelled to surrender the original title deed to the Deputy Registrar.

Ratio Decidendi

The court held that the land in question had already been vested in the defendants by virtue of the prior judgment, and thus a further vesting order was unnecessary. The registration of the defendants' entitlement did not constitute a controlled transaction under the Land Control Act, so no Land Control Board consent was required. The plaintiff was ordered to surrender the original title deed to the Land Registrar for cancellation within 21 days, failing which the Registrar could deem the title lost and proceed with issuance of new titles. The Deputy Registrar was empowered to execute all necessary documents to effectuate the registration as previously ordered. The application for...

Court Disposition

Application declined; operative orders issued to enforce judgment.

Orders

  • The plaintiff shall surrender the original title deed to LR Number West Pokot/Siyoi/263 to the Land Registrar Trans Nzoia County for cancellation within 21 days of this order.
  • The Land Registrar shall cancel the said title and issue fresh titles as ordered by the judgment in this suit.