REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYERI
ELC NO 128 OF 2017
DUNCAN MAWNGI NDORE........................................PLAINTIFF
VERSUS
ELIZABETH WANGARI KIRAGU..............................DEFENDANT
RULING 1
In the Defendant’s Application dated 14/3/2025, the said Applicant seeks for orders that:-
1. The Court be pleased to issue an Order authorizing the Land Registrar, Nyeri to cancel and replace the name of the Respondent in the Land Parcel No. CHINGA/GIKIRIE/646 with the that of the Applicant.
2. An order for the Title Deed to be issued in the name of the Applicant.
On the grounds supporting the Application, the Applicant says that Judgment was delivered on 20/9/2024 and that there has been no stay order. She also claims to have been born and brought up on the suit land where she stays to date with her children and that they have developed the same by structuring homes and planting tea bushes.
In the Accompanying Affidavit, Elizabeth Wangari Kiragu depones that she was sued by the Respondent for orders of eviction from L.R No. CHINGA/GIKIRIE/646 which he is the registered owner of which case was dismissed on 20/9/2024.
The land was and still is registered in the name of the Respondent, but that the Applicant still occupies the land.
In the Decree dated 20/9/2024, the prayers sought by the Respondent were for: -
a. An order directing the Applicant to vacate the suit land failing which she be forcefully evicted from the suit land i.e. TITLE No. CHINGA/GIKIGIE/646.
b. A Permanent Injunction against the Applicant, her agents, servants or assigns from trespassing upon land parcel Title No. CHINGA/GIKIGIE/646 or acting in any other manner whatsoever which is inconsistent with the Respondents rights over the said property.
c. An order that the Applicant pays the Respondent mesne profits at the rate of Kshs. 20,000/= as from 27/9/2016 till the date the Applicant vacates the land.
d. Costs of the suit
When Judgment was pronounced, the suit was actually dismissed with no orders as to costs. There was no order authorizing the Land Registrar, Nyeri to cancel and replace the name of the Respondent with that of the Applicant in the parcel of land known as Title No. CHINGA/GIKIRIE/646.
At this execution stage the Court can only execute what was ordered by the Court in its Judgment. It cannot execute what was not before the Court. Consequently, the Application dated 14/3/2025 is hereby dismissed with costs.
Ruling dated, signed and delivered at Nyandarua this 19th Day of November 2025.
MUGO KAMAU
JUDGE
In the presence of: -
Court Assistant – Samson.
Ms. Mshila for the Plaintiff.
N/A for the Defendant.
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