Silas B. M. Makinya v Livingstone Koome Barana [2015] KEHC 7911 (KLR)

REPUBLIC OF KENYA

IN THE HGH COURT OF KENYA AT MERU

ELC CASE NO. 2 OF 2014 (OS)

SILAS B. M. MAKINYA..................................................................PLAINTIFF

VERSUS

LIVINGSTONE KOOME BARANA...............................................DEFENDANT

R U L I N G

This application is brought to Court under Sections 1A and 1B  of the Civil Procedure Act.  It is dated 21. 9.2015 and seeks orders that:

This honourable court do empower the executive officer of the court to execute all documents for transfer of land parcel No. NTIMA/IGOKI/3001 to the plaintiff so as to give effect to the orders made by this court on 20th October, 2014.

Costs be provided for.

The application is supported by the affidavit of SILAS B. M.  Makinya and has the following grounds.

The defendant has failed to execute transfer documents.

It is necessary that the orders sought do issue to give effect to the orders made by the honourable court.

On 11. 11. 2015, Mr. Gatare Ringera told the Court that the application was meant to enable the implementation of this Court's Judgment delivered on 30. 10. 2014.  Upon perusal of this Court's Judgement and the application, I agree.

Mr. Ringera has told the court that the plaintiff does not seek costs including the costs this court awarded to the plaintiff in the judgement dated 30. 10. 20.  I do grant the following orders:

Prayer 2 in the application is allowed.

No costs are awarded in this application and the costs granted to the plaintiff in the judgment delivered on 30. 10. 2014 are set aside at the instance of the plaintiff.

It is so ordered.

Delivered in Open Court at Meru this 11th day of November, 2015 in the presence of:

Cc. Daniel/Lilian

Gatare Ringera for Plaintiff

P. M. NJOROGE

JUDGE