Wilson Kinoti Kirera v Isaac Kiruki Murira [2014] KEHC 2422 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

E & L CASE NO. 64 OF 2013

WILSON KINOTI KIRERA............................................PLAINTIFF

VERSUS

ISAAC KIRUKI MURIRA............................................DEFENDANT

R U L I N G

This application is dated 1st day of July, 2014 and seeks orders:-

1. That this honourable Court be pleased to certify this application as urgent.

2. That this honourable Court be pleased to order the Land Registrar Meru Central District to dispense with the production of the title deeds in respect of L.R. NOS.ABOTHUGUCI/KATHERI/2656 before the registration of the transfer documents.

3. That the Court do make any other or further orders as would meet the interest of justice herein.

4. That the costs for and  incidental to this application be provided for.

The application relies upon the following grounds:

(i) THAT by an order dated 14. 05. 2014 this honourable court ordered that land parcel NOS. of ABOTHUGUCI/KATHERI/2652 and ABOTHUGUCHI/KATHERI/2656 be registered into the name of WILSON    KINOTI KARERA.

(ii)  THAT the land Registrar, Meru Central District has declined to register the transfer unless original title deeds have been presented to him for the purpose of destruction.

(iii)   THAT the respondent will not suffer any prejudice  if this application is allowed.

This application seeks to facilitate the implementation of this Courts' judgment delivered on 14th May, 2014.

Prayers 2 and 4 of the application are allowed. Regarding prayer 4, costs of this application are awarded to the applicant.

It is so ordered.

Delivered in Open Court at Meru this 3rd day of July,  2014 in the presence of:

Cc. Daniel

Wilson Kinoti Kirera – applicant

P. M. NJOROGE

JUDGE