Margaret Withira Njari v John Njari Kagunyi; Lucy Wanjiru Kiniaru & another (Interested Parties) [2021] KEELC 3018 (KLR)
- Court
- Environment & Land Court
- Case number
- 3018
- Citation
- [2021] KEELC 3018 (KLR)
- Decided
- 3 May 2021
The ruling of the Learned Magistrate dated 29/10/2014 is set aside, and an order is made for the rectification of the decree issued 23/3/2010 by amending the description of the land from Githunguri/Githunguri/1634 to read Githunguri/Githunguri/3578 and Githunguri/Githunguri/3579. The District Land Registrar is directed to issue new title deeds over these two parcels of land in the joint names of Margaret Waithira Njari and John Njari Kagunyi in trust for their children.
Facts
An award was made in 2009 granting a new title deed to John Njari Kagunyi and Margaret Waithira Njari over Githunguri/1634. The court adopted the award and issued a decree. The Appellant sought rectification of the decree to change the land reference number.
Issues
- Whether the trial court had the jurisdiction to grant the orders sought in the application dated 6/11/2013
- Whether rectification of the decree in 2010 was valid
Reasoning
The court found that the Magistrate had no jurisdiction to deal with the issue and that the decree had been overtaken by events. The court allowed the rectification of the decree as the land had been subdivided and new titles issued.
Outcome
Appeal successful
Orders
- Rectification of the decree issued 23/3/2010 by amending the description of the land from Githunguri/Githunguri/1634 to read Githunguri/Githunguri/3578 and Githunguri/Githunguri/3579
- District Land Registrar is directed to issue new title deeds over these two parcels of land in the joint names of Margaret Waithira Njari and John Njari Kagunyi in trust for their children
Remedies
- Rectification of the decree
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