Case ID:175307

Rael Karoki Kiriinya & another v Grace Gapunge & 3 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Appeal 3 of 2019

Parties:

Rael Karoki Kiriinya & Veronica Ngugi Kiriinya v Grace Gapunge, Irene Ntui Kithinji, Charity Gacheri Ikunyua & Johnson Oginga Ojwang

Date Delivered:

19 May 2021

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Lucy Waruguru Gitari

Citation:

Rael Karoki Kiriinya & another v Grace Gapunge & 3 others [2021] eKLR

Advocates:

Mwirigi for the 2nd Respondent

Mwanzia for 3rd & 4th Respondents

Munene for the Appellants

M/s Murithi for 1st Respondent

Court Division:

Environment and Land

County:

Meru

Advocates:

Mwirigi for the 2nd Respondent

Mwanzia for 3rd & 4th Respondents

Munene for the Appellants

M/s Murithi for 1st Respondent

History Advocates:

Both Parties Represented

Case Outcome:

Appeal 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 MERU

ELC APPEAL NO. 3 OF 2019

RAEL KAROKI KIRIINYA..........................1

ST

APPELLANT

VERONICA NGUGI KIRIINYA.................2

ND

APPELLANT

VERSUS

GRACE GAPUNGE...........1

ST

RESPONDENT/APPLICANT

IRENE NTUI KITHINJI...........................2

ND

RESPONDENT

CHARITY GACHERI IKUNYUA............3

RD

RESPONDENT

JOHNSON OGINGA OJWANG...............4

TH

RESPONDENT

RULING

1. The 1

st

respondent,

Grace Gapunge

has filed an application dated 12/10/2020 seeking an order directing the District Land Surveyor Meru Central District to visit the land parcel number L.R ABOTHUGUCHI/KARIENE/3689 and curve out ½ acre and the District Land Registrar to register the ½ acre in the names of the applicant, Grace Gapunge effectively executing the decree of this court dated 21

st

July 2020. The applicant also desires that the costs of the application be borne by the 2

nd

appellant.

2. The applicant avers that she is the decree holder, where this court had decreed that the 2

nd

appellant do transfer ½ acre from L.R ABOTHUGUCHI/KARIENE/3689, but the said 2

nd

appellant has refused to transfer the same. There is a need for the district land surveyor to sub divide the land which is bigger than ½ an acre.

3. The 2

nd

appellant has opposed the application vide a replying affidavit dated 28/10/2020 averring that in fulfillment of the court order, she sought land control board consent for sub division of the subject parcel in vain as she was informed that inhibition orders and caution orders had been lodged by the applicant herein and it was not true that she has refused to transfer the land to the applicant. To this end, the 2

nd

appellant avers that there is an official search indicating that the land is inhibited and the applicant has not made a move to have the inhibition removed.

4. I have carefully considered all the arguments advanced by the parties. It is not in dispute that this court delivered a judgment in this matter on 30/4/2020 nor is it in dispute that the said judgment is in favor of the applicant. Further, by the said judgment and the decree dated 21/07/2020, there is an order to the effect that

“any orders of injunction

or inhibition

as well as orders of stay of execution in respect to the suit parcels are hereby discharged.”

That in itself is self-explanatory and self-executing. The claim by the 2

nd

appellant that the applicant was required to have the inhibition order lifted is baseless.

5. I do opine that a party must be allowed to enjoy the fruits of their judgment. However for avoidance of doubt, it is hereby ordered as follows;-

1)

A

ny inhibition

,

injunction

or caution lodged on land pa

rcel no. ABOTHUGUCHI/KARIENE/3689, is hereby discharged

.

2)

An order is hereby issued directing

the District Land Surveyor Meru Central District to visit the land parcel number L.R ABOTHUGUCHI/KARIENE/3689 and curve out ½ acre

thereof

and the District Land Registrar

is

to register the ½ acre in the names of the applicant,

G

RACE GAPUNGE

effectively executing the decree of this court dated 21

st

July 2020

.

3)

Each party is to bear their own costs of the application

.

DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 19

TH

DAY OF MAY, 2021 IN PRESENCE OF:

C/A: Kananu

Mwirigi for 2

nd

respondent

Mwanzia for 3

rd

& 4

th

respondents

Munene for appellants

M/s Murithi for 1

st

respondent

HON. LUCY. N. MBUGUA

ELC JUDGE