REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT BUSIA
ELC NO. 14 OF 2020
CHARLES NAMWIWA ONYANGO ……. APPLICANT/RESPONDENT
= VERSUS =
DOMIANO BARASA MASINDE ……………….…... 1ST RESPONDENT
FELIX WASIKE MASINDE …………………….…... 2ND RESPONDENT
ONYANGO MAKOKHA .. INTENDED INTERESTED PARTY/APPLICANT
R U L I N G
1. The application dated 6.5.2026 seeks an order directing the land registrar to cancel title deeds for L.R. NO. BUKHAYO/BUYOFU/5020 and 5021 which were created on 10.6.2025 and to have them to revert to L.R NO BUKHAYO/BUYOFU/615 for purposes of implementation of the court decree which was issued on 29.12.2022.
2. In his supporting affidavit sworn on 6.5.2026, the Applicant has deponed that judgment in this matter was delivered on 29.9.2022 by which the Applicant was granted half of L.R NO BUKHAYO/BUYOFU/615. That the Respondent’s attempt to have the order reviewed was dismissed.
3. The Applicant further depones that when he attempted to implement the decree, he found that the land had been sub-divided into L.R NO. BUKHAYO/BUYOFU/5020 and 5021.
4. I have seen the certificate of official search annexed to the Applicant’s affidavit and I note that the Respondents became registered as the owners of the sub-divisions (5020 and 5021) on 10.6.2025. This was obviously long after the judgment in this matter had been delivered and it is obvious that the Respondents are out to short change the Applicant and make the implementation of the decree herein issued an impossibility. After the court delivered the judgment and a decree issued, the land could not thereafter be sub-divided in any manner before taking into consideration the interest of the judgment creditor. The only land that was properly available to the Respondents to deal with in any manner they pleased was the half portion that remained after removing the half due to the Applicant.
5. In the premises, I do find merits in the application by the Applicant dated 6.5.2026 and proceed to allow the same as prayed.
C. MUGAMBI
JUDGE
1ST JULY 2026
Ruling delivered virtually this 1st day of July 2026 in the presence of Mr Ouma for the Applicant and in the absence of the other parties
C. MUGAMBI
JUDGE
1ST JULY 2026
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