Sarafina Wanjuki Njiru v David Njeru Nthiga [2016] KEHC 4659 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

ELC CASE NO. 49 OF 2014 (O.S)

SARAFINA WANJUKI NJIRU…………………APPLICANT/PLAINTIFF

VERSUS

DAVID NJERU NTHIGA………..…………RESPONDENT/DEFENDANT

RULING

On 25th February 2015, Bwonwonga J delivered a judgment in this case in which the Judge declared the plaintiff as the owner of the land parcel No. KAGAARI/WERU/580 and ordered that she be registered as the owner thereof.  A Decree was drawn accordingly cancelling the defendants name in the certificate of title.

The plaintiff has now moved this Court by Notice of Motion dated 26th January 2016 seeking an order that the Deputy Registrar of this Honourable Court be empowered to sign all the necessary documents to facilitate the transfer of the said land parcel No. KAGAARI/WERU/580 to the plaintiff.

The application was duly served upon the defendant on 13th May 2016 at his home in Kithungururu village.   However, there is no reply to the same.

The plaintiff’s Notice of Motion dated 26th January 2016 is accordingly allowed as prayed with no order as to costs.

B.N. OLAO

JUDGE

9TH JUNE, 2016

Ruling delivered, dated and signed in open Court this 9th day of June 2016.

Mr. Andande for the Applicant present

No appearance for the Respondent.

B.N. OLAO

JUDGE

9TH JUNE, 2016