Case ID:162207

James Gitingu Wamagata & another v David Migichi Kageni [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 459 of 2010

Parties:

James Gitingu Wamagata & Josphat Maina Macharia v David Migichi Kageni

Date Delivered:

28 May 2020

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Antonina Kossy Bor

Citation:

James Gitingu Wamagata & another v David Migichi Kageni [2020] eKLR

Advocates:

Mr. Muchangi Nduati for the Plaintiffs

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Mr. Muchangi Nduati for the Plaintiffs

History Advocates:

One party or some parties represented

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

ELC CASE NO. 459 OF 2010

JAMES GITINGU WAMAGATA......................1

ST

PLAINTIFF

JOSPHAT MAINA MACHARIA.....................2

ND

PLAINTIFF

VERSUS

DAVID MIGICHI KAGENI.................................DEFENDANT

RULING

This court entered judgement in favour of the 1

st

Plaintiff on 15/10/2018 vide which it directed the Defendant to undertake a subdivision of the land known as Dagoretti/Kinoo/4176 (“the Suit Property”) into two portions out of which the portion measuring 0.05 hectares (ha) was to be transferred to the 1

st

Plaintiff and Defendant was to retain the portion measuring 0.5 ha.

The Plaintiff filed the application dated 2/5/2019 on 3/7/2019 seeking to have the Deputy Registrar of the court execute the documents necessary for the subdivision of Dagorretti/Kinoo/4176 and subsequently transfer the 1

st

Plaintiff’s portion in execution of the decree issued on 16/11/2018. The application was made on the grounds that the Defendant had refused to cooperate with the 1

st

Plaintiff in the subdivision process as directed by the court; and that the 1

st

Plaintiff cannot carry out the subdivision because the land is registered in the 1

st

Defendant’s name. The application was supported by the 1

st

Plaintiff’s affidavit deponing to the difficulties he encountered in his quest to enforce the court’s decree.

The court has considered the application and finds that it has merit. It is allowed in terms of prayer number 1 and 2. The prayer for eviction is declined. The Plaintiff is directed to follow the procedure for eviction under the law. Costs shall be in the cause.

Delivered virtually at Nairobi this 28

th

day of May 2020

K.BOR

JUDGE

In the presence of:-

Mr. Muchangi Nduati for the Plaintiffs

Mr. V. Owuor- Court Assistant

No appearance for the Defendant