[2020] KEELC 342 (KLR)
The court found that the application was unopposed and was intended to give effect to the judgment delivered on 17.10.2018. In the absence of any stay of execution or opposition from the respondent, the court allowed the application as drawn, thereby enabling the Land Registrar to dispense with the title deed for...
Source-derived case information.
- Citation
- [2020] KEELC 342 (KLR)
- Parties
- Plaintiff: Zakaria Kiruki; Defendant: Shadrack Mwiti; Defendant: Janet Maringa M’Ikiara; Defendant: Evangeline Nkirote M’Ikiara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6A of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Dispense With Title Deed for Implementation of Judgment
- Outcome
- application allowed
- Legal Topics
- Implementation of Judgment, Title Deed Dispensing, Land Registrar Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakaria Kiruki
Plaintiff
Shadrack Mwiti
Defendant
Janet Maringa M’Ikiara
Defendant
Evangeline Nkirote M’Ikiara
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Dispense With Title Deed for Implementation of Judgment
Legal Issues
- 1 Whether the Land Registrar should be ordered to dispense with the Title Deed for Land Parcel no. NKUENE/U-MIKUMBUNE/574 to implement the judgment delivered on 17.10.2018.
- 2 Whether the absence of opposition to the application warrants granting the orders sought.
Ratio Decidendi
The court found that the application was unopposed and was intended to give effect to the judgment delivered on 17.10.2018. In the absence of any stay of execution or opposition from the respondent, the court allowed the application as drawn, thereby enabling the Land Registrar to dispense with the title deed for the suit parcel to implement the judgment.
Court Disposition
application allowed
Orders
- The Land Registrar Imenti North is ordered to dispense with the Title Deed for Land Parcel no. NKUENE/U-MIKUMBUNE/574 to implement the judgment delivered on 17.10.2018.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 6A OF 2011
ZAKARIA KIRUKI.............................................................PLAINTIFF
VERSUS
SHADRACK MWITI................................................1ST DEFENDANT
JANET MARINGA M’IKIARA................................2ND DEFENDANT
EVANGELINE NKIROTE M’IKIARA......................3RD DEFENDANT
RULING
1. This ruling is in respect of the application dated 25. 2.2020, where the applicant is seeking an order for the Land Registrar Imenti North to dispense with the Title Deed for the Land Parcel no. NKUENE/U-MIKUMBUNE/574. The applicant contends that there is no order staying the judgment delivered on 17. 10. 2018.
2. The respondent did not file any document in opposition to the application hence the same is unopposed. The applicant has submitted that the respondent has refused to release the title deed in respect of the suit parcel. I therefore find that the application is meant to give effect to the implementation of the aforementioned judgment. The application is allowed as drawn. File closed.
DATED, SIGNED AND DELIVERED IN MERU THIS14THDAY OFDECEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this ruling was given via a notice dated 7. 12. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE