Nyagol v Okello (Sued as the legal representative of Chillion Rakwach - Deceased) (Environment & Land Case 262 of 2013) [2023] KEELC 21286 (KLR) (7 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21286
- Citation
- [2023] KEELC 21286 (KLR)
- Decided
- 7 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSpecific PerformancePostureAppeal from a decree of specific performanceCoramSO OKONG'O
Holding
The court orders the plaintiff to subdivide and transfer the land, authorizes a land surveyor to carry out the subdivision, and authorizes the Deputy Registrar to sign necessary documents.
Facts
The court previously ordered the plaintiff to subdivide and transfer a rectangular portion of land measuring 60 feet by 200 feet from Title No. Kisumu/Nyalunya/2366 to the deceased's estate. The plaintiff refused to comply with the order.
Issues
- Specific performance of the court's order
- Execution of the decree of specific performance
Reasoning
The court found the plaintiff in contempt of court for refusing to comply with the previous order and allowed the application on terms.
Outcome
The application is allowed with specified terms
Orders
- Subdivision of the land
- Execution of the decree of specific performance
- Authorization of a land surveyor
- Authorization of the Deputy Registrar to sign documents
Remedies
- Specific performance of the court's order
- Execution of the decree of specific performance
Authorities cited
Legislation (1)
- Civil Procedure Act, Chapter 21 Laws of Kenya
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.
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