Case ID:250604

Nduva v Kurrarru & 2 others (Environment & Land Case 843 of 2017) [2024] KEELC 4025 (KLR) (30 April 2024) (Ruling)

Case Metadata

Case Number:

Environment & Land Case 843 of 2017

Parties:

Nduva v Kurrarru & 2 others

Date Delivered:

30 Apr 2024

Case Class:

Court:

Environment and Land Court at Kajiado

Case Action:

Ruling

Judge(s):

Maxwell Nduiga Gicheru

Citation:

Nduva v Kurrarru & 2 others (Environment & Land Case 843 of 2017) [2024] KEELC 4025 (KLR) (30 April 2024) (Ruling)

Court Division:

Environment and Land

County:

Kajiado

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

Nduva v Kurrarru & 2 others (Environment & Land Case 843 of 2017) [2024] KEELC 4025 (KLR) (30 April 2024) (Ruling)

Neutral citation:

[2024] KEELC 4025 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case 843 of 2017

MN Gicheru, J

April 30, 2024

Between

Patrick Kivai Nduva

Plaintiff

and

Noah Moreria Ole Kurrarru

1

st

Defendant

Cooperative Bank Of Kenya

2

nd

Defendant

James Maina Mburu

3

rd

Defendant

Ruling

1.

This ruling is on the notice of motion dated 24/5/2022. The motion seeks for one main order as follows.

2.

That this court do issue orders directing the Land Registrar Kajiado to cancel the nullified entries of the fraudulent transfer to the 1

st

judgment debtor and charge to the 2

nd

defendant in the green card and issue title deed No. Kajiado/Kitengela/17105.

2.

The motion is premised on three (3) grounds and a supporting affidavit dated 24/5/2022 which has one annexure. In brief the motion urges as follows.

Firstly, the plaintiff has made many attempts to trace the judgment debtor without success.

Secondly, the Land Registrar has said that there is no order directed to him to effect the much desired transfer as a consequence of which nothing has been done to give effect to the judgment.

Finally, there is no appeal or stay of execution to stop the plaintiff from enjoying the fruits of his judgment.

3.

The motion is unopposed by any of the three (3) defendants. Having considered the motion in its entirety, I find that it has merit and I allow it in order to give effect to the judgment dated 16/9/2021 so that the plaintiff may enjoy the fruits of his successful litigation.

It is so ordered.

DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 30

TH

DAY OF APRIL 2024.

M.N. GICHERU

JUDGE