Kimagut Arap Mogeso v Simeon Kipkemoi Maru [2016] KEHC 2732 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT & LAND COURT AT KERICHO

CIVIL SUIT NO. 42 OF 2008

KIMAGUT ARAP MOGESO………………..………………….PLAINTIFF

VERSUS

SIMEON KIPKEMOI MARU .…………………………………… DEFENDANT

RULING

(Application to have the Deputy Registrar execute instruments of transfer for certain land; judgment already entered for the applicant; application allowed).

The application before me is that dated 29th April 2016. It seeks orders to have the Deputy Registrar, Kericho Law Courts, execute transfer forms to the plaintiff in respect of the land parcel Kericho/Kapsuser/2156.

In this case, the applicant  had sued the respondent for a declaration that he has acquired title to the land parcel Kericho/Kapsuser/2156 by way of adverse possession. The matter was heard and judgment delivered on 29th  May 2015 in favour of the applicant. The respondent was given 30 days to execute all instruments required to transfer the suit property to the applicant.

In this application, the applicant contends that the respondent has failed to execute the documents.

I have no reason to decline the application. I allow it. I order the Deputy Registrar, Kericho, to sign all documents required to be executed by the respondent, so as to transfer the land parcel Kericho/Kapsuser/2156to the applicant  and otherwise give effect to the judgment herein. The applicant shall also have the costs of this application.

It is so ordered.

Dated, Signed and delivered on this 2nd  day of September,  2016

MUNYAO SILA

JUDGE

ENVIRONMENT AND LAND COURT

PRESENT

Mr. Kitur present for Applicant

No appearance for Respondent

Court Assistant;  Mr. Kenei