Charles Ntiritu M’Ikunyua & 3 others v Stephen Robert Gitonga Njagi [2021] KEELC 2307 (KLR)
- Court
- Environment & Land Court
- Case number
- 2307
- Citation
- [2021] KEELC 2307 (KLR)
- Decided
- 28 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand RegistrationPostureAppeal from a previous adverse possession judgmentCoramE.C. Cherono
Holding
The Plaintiffs' application is dismissed, and the Plaintiffs are ordered to write to the land registrar to request the registration of the transfer of the suit land in their favour.
Facts
The Plaintiffs claimed adverse possession of land registered in the Defendant's name, and a previous judgment ordered the Defendant to transfer the land to the Plaintiffs. The Plaintiffs sought dispensation to register the transfer without the original title deed.
Issues
- Whether the Plaintiffs' application for dispensation is valid
- The effect of the Defendant's Notice of Appeal on the Plaintiffs' application
Reasoning
The Court found that the Plaintiffs' application was premature and made in bad faith, and the Defendant's Notice of Appeal does not operate as a stay of execution.
Outcome
Appeal dismissed
Orders
- Application for dispensation to register the transfer of the suit land in the Plaintiffs' favour is dismissed
Remedies
- Plaintiffs are ordered to write to the land registrar to request the registration of the transfer of the suit land in their favour
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22
- Registered Land Act, Cap 300
Cases cited (2)
- Machira T/A Machira & Co Advocates Vs East African Standard (No. 2) [2002] KLR 63
- Bethwel Mwangi Githinji & 2 others Vs Harrison Wachira Wanjohi & another [2019] e KLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…