Titus Kuto Kipungar v Selina Tamining & 3 others [2020] KEELC 2190 (KLR)

Summary at a glance

Facts

The plaintiff, Titus Kuto Kipungar, was awarded an equal share of 13.8 hectares (34.5 acres) of land parcel No. West Pokot/Siyoi/263 by the court in 2016. The plaintiff has not complied with the judgment, and the defendants sought an order vesting 17.25 acres in their names.

Issues

• Whether this court should issue a vesting order to vest 17.25 acres out of LR Number West Pokot/Siyoi/263 in the defendants.
• Whether an order should issue to direct the plaintiff to sign any application to the Land Control Board for subdivision and transfer forms in favour of the defendants and in default the Deputy Registrar of the court should sign the same.
• Whether the plaintiff should be compelled to surrender the original title deed to the Deputy Registrar.

Reasoning

The land is already vested in the defendants by a previous judgment, and the plaintiff has not complied with the judgment. The court finds that the plaintiff is not ready to bring the proceedings to a close by obeying the judgment and orders compulsory measures.

Outcome

The application is dismissed.

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.
• In default of the surrender of the title by the plaintiff as ordered in (a) above, the Registrar shall deem the title as lost and after the necessary procedures dispense with its production and proceed with the issuance of new titles as ordered in the judgment.
• The Deputy Registrar of this court shall execute all documents necessary for the effectuation of the registration as ordered by the judgment.

Remedies

• Surrender of the original title deed to the Land Registrar for cancellation.
• Cancellation of the original title and issuance of fresh titles in the names of the plaintiff and the defendants.

Authorities cited