[2014] KEHC 2422 (KLR)
The court found that the applicant was entitled to the orders sought to facilitate the implementation of its earlier judgment, which had directed that the land parcels be registered in the applicant's name. The Land Registrar's insistence on production of the original title deeds was an impediment to the execution...
Source-derived case information.
- Citation
- [2014] KEHC 2422 (KLR)
- Parties
- Plaintiff: Wilson Kinoti Kirera; Defendant: Isaac Kiruki Murira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 64 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed in part
- Judges
- FM Njoroge
- Legal Topics
- Land Registration, Transfer of Land, Title Deeds, Court Orders Implementation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wilson Kinoti Kirera
Plaintiff
Isaac Kiruki Murira
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Land Registrar can be ordered to dispense with production of original title deeds before registration of transfer documents.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to the orders sought to facilitate the implementation of its earlier judgment, which had directed that the land parcels be registered in the applicant's name. The Land Registrar's insistence on production of the original title deeds was an impediment to the execution of the court's judgment. The court therefore exercised its discretion to order the Land Registrar to dispense with the production of the title deeds for the purpose of registering the transfer documents. The court also awarded costs to the applicant, finding no prejudice would be suffered by the respondent.
Court Disposition
application allowed in part
Orders
- The Land Registrar, Meru Central District, is ordered to dispense with the production of the title deeds in respect of L.R. NO. ABOTHUGUCI/KATHERI/2656 before registration of the transfer documents.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
E & L CASE NO. 64 OF 2013
WILSON KINOTI KIRERA............................................PLAINTIFF
VERSUS
ISAAC KIRUKI MURIRA............................................DEFENDANT
R U L I N G
This application is dated 1st day of July, 2014 and seeks orders:-
1. That this honourable Court be pleased to certify this application as urgent.
2. That this honourable Court be pleased to order the Land Registrar Meru Central District to dispense with the production of the title deeds in respect of L.R. NOS.ABOTHUGUCI/KATHERI/2656 before the registration of the transfer documents.
3. That the Court do make any other or further orders as would meet the interest of justice herein.
4. That the costs for and incidental to this application be provided for.
The application relies upon the following grounds:
(i) THAT by an order dated 14. 05. 2014 this honourable court ordered that land parcel NOS. of ABOTHUGUCI/KATHERI/2652 and ABOTHUGUCHI/KATHERI/2656 be registered into the name of WILSON KINOTI KARERA.
(ii) THAT the land Registrar, Meru Central District has declined to register the transfer unless original title deeds have been presented to him for the purpose of destruction.
(iii) THAT the respondent will not suffer any prejudice if this application is allowed.
This application seeks to facilitate the implementation of this Courts' judgment delivered on 14th May, 2014.
Prayers 2 and 4 of the application are allowed. Regarding prayer 4, costs of this application are awarded to the applicant.
It is so ordered.
Delivered in Open Court at Meru this 3rd day of July, 2014 in the presence of:
Cc. Daniel
Wilson Kinoti Kirera – applicant
P. M. NJOROGE
JUDGE