NATHAN IFEDHA OBERI v ELKANA ANAYA OBERI [2006] KEHC 1441 (KLR)
- Court
- High Court of Kenya
- Case number
- 1441
- Citation
- [2006] KEHC 1441 (KLR)
- Decided
- 13 July 2006
The application is dismissed with no order as to costs, as the status of the registration of the land has changed and the defendant's actions were designed to defeat the court's decision.
Facts
An elders award dated 22-11-88 was endorsed as a judgment of the court, dividing land title No. S.Maragoli/Logovo/149 into two portions of 1.25 acres and 2.75 acres, to be transferred to the plaintiff and defendant respectively. The plaintiff alleges the defendant refused to transfer 1.25 acres to him, while the defendant claims he is not the proprietor of the land and thus cannot transfer it.
Issues
- Whether the defendant refused to transfer 1.25 acres to the plaintiff
- Whether the decree is enforceable given the change in land registration status
Reasoning
The decree is about 14 years old and the status of the land registration has changed. The defendant's actions were aimed at defeating the court's decision, making it impossible to grant the order sought.
Outcome
Dismissed
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