Obiba v Bwire & 6 others (Environment & Land Case 29 of 2018) [2022] KEELC 15262 (KLR) (9 December 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15262
- Citation
- [2022] KEELC 15262 (KLR)
- Decided
- 9 December 2022
The court will allow the notice of motion and order that the 5th defendant and Kaloyi Oloo surrender the original title deed and execute necessary documents within 45 days. If they fail, the Land Registrar and Deputy Registrar will execute the documents on their behalf.
Facts
The plaintiff, Obiba, claimed adverse possession of a portion of land parcel No Bunyala/Bulemia/309, measuring 1.2 hectares, and obtained a judgment and decree for sub-division and sharing of the land. The 5th defendant and Kaloyi Oloo failed to comply with the decree.
Issues
- Who should execute the requisite documents if the 5th defendant and Kaloyi Oloo fail to do so?
- Whether the plaintiff is entitled to a portion of the land without the original title deed being surrendered
Reasoning
The court considers the judgment and decree valid but acknowledges the plaintiff's inability to execute them due to non-compliance. The court exercises its inherent power to ensure justice is served.
Outcome
The plaintiff's motion is granted with specified terms.
Orders
- 5th defendant and Kaloyi Oloo to surrender original title deed within 45 days
- Land Registrar to sub-divide and register portion in plaintiff's name if 5th defendant and Kaloyi Oloo fail
- Deputy Registrar to execute documents on their behalf if 5th defendant and Kaloyi Oloo fail
Remedies
- Surrender of original title deed
- Sub-division and registration of portion in plaintiff's name
- Execution of documents by Deputy Registrar
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Daniel Toroitich Arap Moi -v- Mwangi Stephen Muriithi & another 2014 eKLR
- Article 159(2)(a) of the Constitution
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