Starfish Cottages Limited v Halima Amir Boi & 3 others [2022] KEELC 1478 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MOMBASA

CIVIL SUIT NO. 237 OF 2004

STARFISH COTTAGES LIMITED..................................PLAINTIFF

VERSUS

HALIMA AMIR BOI & 3 OTHERS............................DEFENDANTS

RULING

(Application for contempt against the Land Registrar, Kwale; there being judgment in favour of the applicant in respect of land; Land Registrar directed in the judgment to cancel some entries made in the register of the disputed land; applicant complaining that this has not been done; notice issued to the Land Registrar to show cause why he should not be jailed for failure to execute the decree)

1. The application before me is that dated 20 January 2021 filed by the plaintiff/decree holder. The applicant is seeking orders to have the District Land Registrar, Kwale, one Dick James Safari, appear in court to show cause why he should not be committed to prison for contempt of court with regard to the orders made on 7 November 2019. The applicant also wants him to be committed to prison for six months and for the court to direct the Deputy Registrar to execute the requisite documents to have some entries in the register of the land parcel Kwale/Galu Kinondo/719 cancelled, so as to ensure compliance with the orders of 7 November 2019. Nothing has been filed to oppose the application.

2. Briefly, the applicant filed suit asserting ownership of the land parcel Kwale/Galu Kinondo/719 (the suit property). Through an entry No. 6 in the register, the applicant had become registered as proprietor of the suit property having purchased it from an entity called Kinondo Investments Limited. There were a series of other entries in between, relating to court orders and cautions, but what prompted the suit was that the 1st defendant became registered proprietor as Administrator of the Estate of one Amir Boi (deceased) and later as proprietor of the suit property through transmission. She then sold the property to the 2nd defendant who got registration as proprietor and was issued with a certificate of lease. The applicant filed suit to have cancelled this title of the 2nd defendant and for rectification of the register. I heard the case and delivered judgment on 7 November 2019. I entered judgment for the applicant and  inter alia ordered the District Land Registrar, Kwale, sued as the 3rd defendant, to cancel entries numbers 17, 18 19, 20, 21, 24, and 25 from the register. Through this application it is complained that despite being served with the order, there has been failure by the District Land Registrar to cancel the said entries.

3. No reply has been filed to this application and at the hearing of it, there was no appearance for the respondent. I have no reason to doubt the applicant. The judgment must be executed as ordered. The person who is to execute the judgment by cancelling the entries in the register is the District Land Registrar, Kwale. It is said that the District Land Registrar, Kwale is Dick James Safari. I direct that he attends court, on a date that I shall give after delivery of this ruling, for him to show cause why he should not be committed to prison for 6 months for failing to act on the judgment of this court. Mr. Dick James Safari will also personally pay the costs of this application which I will later assess.

4. Orders accordingly.

DATED AND DELIVERED THIS 9TH  DAY OF FEBRUARY 2022

JUSTICE MUNYAO SILA

JUDGE, ENVIRONMENT AND LAND COURT

AT MOMBASA