LWL v SANL [2019] KEHC 7024 (KLR)
- Court
- High Court of Kenya
- Case number
- 7024
- Citation
- [2019] KEHC 7024 (KLR)
- Decided
- 3 June 2019
The application is allowed with orders that the respondent/plaintiff is given 30 days to execute all necessary transfer forms in favor of the applicant in respect of L.R. parcel Nos. LR [...] and LR [...] in default the Deputy Registrar of the court to execute the same.
Facts
The applicant (LWL) sought an order authorizing the Deputy Registrar to execute transfer documents in favor of the applicant in respect of L.R. Nos. [...] and [...], in order to give effect to a court order given by this court on 22nd January 2015 and issued on 6th February 2015 by consent of the parties.
Issues
- Whether the respondent (SANL) should be ordered to execute necessary transfer forms to facilitate the transfer of ownership into the applicant's names
- Whether the applicant can execute the necessary transfer forms to execute the judgment
Reasoning
There is a court order entered pursuant to the parties' mutually agreed consent. Court orders must be obeyed. There is no good reason why the applicant cannot execute the necessary transfer forms to execute the judgment. Since 6th February 2015 there is no appeal pending, hence the need for the applicant to enjoy the fruits of his judgment.
Outcome
Allowed
Orders
- The respondent/plaintiff is hereby given 30 days to execute all necessary transfer forms in favour of the applicant in respect of L.R. parcel Nos. LR [...] and LR [...] in default the Deputy Registrar of the court to execute the same.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Married Women's Property Act
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