[2024] KEELC 6428 (KLR)
The court found that the Plaintiffs were entitled to enforcement of the judgment delivered on 10/03/2020, which declared that the late Mwenje Waweru held the suit property in trust for the Plaintiffs and other beneficiaries. As the Defendants failed or refused to execute the necessary documents to effect the...
Source-derived case information.
- Citation
- [2024] KEELC 6428 (KLR)
- Parties
- Plaintiff: Peter Kinyua Waweru; Plaintiff: Simon Warutere Waweru; Plaintiff: Mary Wanjiru Kibera (Suing as the Legal Representative of the Estate of Rajab Kibera Waweru); Defendant: Njeri Mwenje Waweru; Defendant: Jane Nyawira Waweru (Sued as the Administrator of the Estate of Mwenje Waweru)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 273 of 2017
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Application for Execution
- Outcome
- Application allowed. Prayer no. 2 of the application dated 24/07/2024 granted. Plaintiffs to bear costs.
- Judges
- AK Bor
- Legal Topics
- Trusts Over Land, Execution of Judgment, Transfer of Land, Registration of Titles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kinyua Waweru
Plaintiff
Simon Warutere Waweru
Plaintiff
Mary Wanjiru Kibera (Suing as the Legal Representative of the Estate of Rajab Kibera Waweru)
Plaintiff
Njeri Mwenje Waweru
Defendant
Jane Nyawira Waweru (Sued as the Administrator of the Estate of Mwenje Waweru)
Defendant
Procedural Posture
Civil Suit / Ruling on Post Judgment Application for Execution
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to execute documents to effect transfer and registration of the suit land in accordance with the court's judgment.
- 2 Whether the Plaintiffs are entitled to enforcement of the unchallenged judgment regarding subdivision and distribution of the suit property.
Ratio Decidendi
The court found that the Plaintiffs were entitled to enforcement of the judgment delivered on 10/03/2020, which declared that the late Mwenje Waweru held the suit property in trust for the Plaintiffs and other beneficiaries. As the Defendants failed or refused to execute the necessary documents to effect the subdivision, distribution, transfer, and registration of the suit property, and the judgment remained unchallenged, the court exercised its discretion to authorize the Deputy Registrar to execute all documents necessary to give effect to the judgment and decree. This ensures that the rights of the beneficiaries as determined by the court are realized and that the administration of...
Court Disposition
Application allowed. Prayer no. 2 of the application dated 24/07/2024 granted. Plaintiffs to bear costs.
Orders
- The Deputy Registrar is authorized to execute all documents necessary to facilitate the transfer and registration of Nyandarua/Lesirko/456 in accordance with the judgment and decree delivered on 10/03/2020.
- The Plaintiffs shall bear the costs of the application.
Full Case Text
Judgment text and source record
26 paragraphs
Waweru & 2 others v Waweru & another (Environment and Land Case Civil Suit 273 of 2017) [2024] KEELC 6428 (KLR) (1 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6428 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyahururu
Environment and Land Case Civil Suit 273 of 2017
AK Bor, J
October 1, 2024
Between
Peter Kinyua Waweru
1st Plaintiff
Simon Warutere Waweru
2nd Plaintiff
Mary Wanjiru Kibera (Suing as the Legal Representative of the Estate of Rajab Kibera Waweru)
3rd Plaintiff
and
Njeri Mwenje Waweru
1st Defendant
Jane Nyawira Waweru (Sued as the Administrator of the Estate of Mwenje Waweru)
2nd Defendant
Ruling
1. Through the application dated 24/07/2024, the Plaintiffs seek to have the Deputy Registrar of the court authorized to execute all documents necessary to facilitate the transfer and registration of Nyandarua/Lesirko/456 in accordance with the judgment and decree of the court delivered on the 10/03/2020.
2. The application was made on the grounds that this matter had been pending in court since it was filed as Nakuru HCCC No. 354 of 2008. The case was heard and determined vide the judgment of Lady Justice M.C. Oundo delivered on 10/03/2020. The Defendants did not lodge an appeal but failed or refused to execute the requisite documents to have the suit land which is currently registered in the name of Mwenje Waweru (deceased) subdivided, distributed, transferred and registered in the names of the Plaintiffs, the Defendants and other beneficiaries as ordered by the court. Further, that the 1st Defendant who previously refused to comply with the court orders died. The Plaintiff averred that the prayers sought could not be contested since they were only giving effect to the judgment of the court which remained unchallenged.
3. James Wahome Ndegwa swore the supporting affidavit to which he annexed a copy of the judgment and decree. The court notes that most pages of the judgment were missing. He averred that it was fair for the Deputy Registrar to be allowed to sign all the instruments necessary to facilitate the subdivision, distribution, transfer and registration of the respective shares to those who were interested under the judgment and decree.
4. The application was not opposed. The court has looked at the judgment delivered by Lady Justice M.C. Oundo on 10/03/2020 and notes that the court found that the late Mwenje Waweru held the suit property in trust for the Plaintiff and that the Plaintiffs were entitled to a share of the suit property.
5. The court has considered the application and allows prayer no. 2 of the application dated 24/07/2024. The Plaintiffs will bear the costs of the application.
DELIVERED VIRTUALLY AT NYAHURURU THIS 1ST DAY OF OCTOBER 2024. K. BORJUDGEIn the presence of:No appearance for the parties