Case ID:166255

Raphael Mitau King’alya & another v Kilonzo King’alya & another; Mbusi Mulanga (Interested Party) [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 121 of 2009

Parties:

Raphael Mitau King’alya & Richard Muema v Kilonzo King’alya & Musili King’alya; Mbusi Mulanga (Interested Party)

Date Delivered:

06 Nov 2020

Case Class:

Civil

Court:

Environment and Land Court at Machakos

Case Action:

Ruling

Judge(s):

Oscar Amugo Angote

Citation:

Raphael Mitau King’alya & another v Kilonzo King’alya & another; Mbusi Mulanga (Interested Party) [2020] eKLR

Court Division:

Environment and Land

County:

Machakos

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 MACHAKOS

ELC. CASE NO. 121 OF 2009

RAPHAEL MITAU KING’ALYA.......................1

ST

PLAINTIFF

RICHARD MUEMA.........................................2

ND

PLAINTIFF

VERSUS

KILONZO KING’ALYA................................1

ST

DEFENDANT

MUSILI KING’ALYA....................................2

ND

DEFENDANT

AND

MBUSI MULANGA................................INTERESTED PARTY

RULING

1. In the Notice of Motion dated 20

th

February, 2020, the Plaintiffs have prayed for the following orders:

a. That the Deputy Registrar of Environment and Land Court, Machakos be authorized to sign all documents and instruments of transfer of land parcel no. L.R. No. Kyangwithya/Kaveta/727 on behalf of the Defendants and a Title Deed be issued to the Plaintiffs.

b. That cost of this Application be borne by the Defendants.

2. The Application is premised on the grounds that the Plaintiff obtained Judgment against the Defendants on 25

th

April, 1990 and a Decree was issued on 21

st

February, 1994; that the transfer of the properties was done save for title for land known as Kyangwithya/Kaveta/727 and that the Defendants have refused to comply with the Judgment of the court.

3. The Application dated 20

th

February, 2020 was not opposed. Indeed, the Decree of this court issued on 21

st

February, 1994 has never been set aside either by this court or the Court of Appeal.

4. That being the case, the Decree of this court should be complied with to bring an end to litigation. Consequently, the Application dated 20

th

February, 2020 is allowed as follows:

a. The Deputy Registrar of this court to sign all documents and instruments of transfer of land parcel number Kyangwithya/Kaveta/727 in strict compliance with the Decree issued herein on 21

st

February, 1994.

b. Each party to bear his/her own costs.

DATED, SIGNED AND DELIVERED IN MACHAKOS THIS 6

TH

DAY OF NOVEMBER, 2020.

O. A. ANGOTE

JUDGE