Wilfred Ayiecha Nyang’au v Jane Sigara Nyamari & another [2021] KEHC 9038 (KLR)
- Court
- High Court of Kenya
- Case number
- 9038
- Citation
- [2021] KEHC 9038 (KLR)
The application is allowed, and the respondents are ordered to transfer the land to the applicant as per the decree. The Deputy Registrar is to sign the necessary forms for the transfer.
Facts
The applicant, Wilfred Ayiecha Nyang’au, sought orders compelling the respondents, Jane Sigara Nyamari and James Ogeto Onkundi, to transfer a portion of land measuring 4.9 acres to him. The land was previously ordered to be transferred in a previous decree dated 18th December 2018.
Issues
- Transfer of land as per the decree
- Jurisdiction of the court to compel the Deputy Registrar to sign transfer documents
Reasoning
The court found that the respondents had not complied with the previous decree and that the court had the jurisdiction to compel the Deputy Registrar to sign the transfer documents. The court also noted that the applicant had been in occupation of the land and that the decree had already demarcated the land.
Outcome
Application allowed
Orders
- Compel respondents to transfer land to applicant
- Mandate Deputy Registrar to sign transfer documents
- Land Registrar to issue title deed in applicant's name
Remedies
- Compulsory transfer of land
- Mandate Deputy Registrar to sign transfer documents
- Issue title deed in applicant's name
Authorities cited
Legislation (2)
- Civil Procedure Act
- Law of Succession Act
Cases cited (2)
- In re Estate of Reuben Mugesani Bulimu (Deceased) Succession Cause No. 847 of 2013 [2020] eKLR
- Tabitha Wangithi Muriuki v Wathiba Kimoo SUCCESSION CAUSE NO. 372 OF 2012 [2020] eKLR
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