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Benson Kakai Namisi & another v Stufford Mukasa Namisi & another [2018] KEHC 5183 (KLR)

[2018] KEHC 5183 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5183
Citation
[2018] KEHC 5183 (KLR)
Decided
19 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal from a previous ruling dismissing an application to review an awardCoramBOAZ N. OLAO
Holding

The court ordered the 2nd Respondent to sign the transfer forms and provide necessary documentation for the transfer of seven acres of land as per the award. The court also ordered the District Land Surveyor and Land Registrar to sub-divide the land as per the award in default.

Facts

The Plaintiffs filed an award in court on 15th June 2015, which was later reviewed and dismissed by MUKUNYA J with costs. The Plaintiffs then sought a stay of execution of the decree pending a KISUMU case.

Issues

  1. To compel the Respondents to sign transfer forms and provide necessary documentation for the transfer of seven acres of land
  2. To order the Respondents to sub-divide the land as per the award

Reasoning

The court upheld the award and ordered the necessary actions as per the award's terms.

Outcome

The application was granted.

Orders

  • The 2nd Respondent to sign the transfer forms and provide necessary documentation for the transfer of seven acres of land as per the award.
  • The District Land Surveyor and Land Registrar to sub-divide the land as per the award in default.
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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