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JudgmentFRANCIS MUREGI VS JOSEPH GACHEI3 min read

FRANCIS MUREGI VS JOSEPH GACHEI

Environment and Land Court at Nyeri Environment and Land Court · · MUGO KAMAU, J

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REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NYERI

ELC CASE NO 563 OF 2014

FRANCIS MUREGI..............................................PLAINTIFF

VERSUS

JOSEPH GACHIE...............................................DEFENDANT

RULING

On 20/11/2024 this Court sitting at Nyeri gave the following orders: -

  1. The Court is hereby pleased to allow and authorize the Deputy Registrar of the Court to execute all documents, forms and processes necessary in place of the Defendant in order to give effect to the Consensual Decree issued by this Court on 3/4/2023.
  2. The Court be pleased to allow the Land Registrar and/or any other officers seized with the quasi-judicial role in effectuation of the land transfer be authorized to dispense with the production of any necessary document held by the Respondent in order to effectuate the Decree.
  3. The Court is hereby pleased to allow the Applicant to recover such costs to include survey and registration fees occasioned by the Respondent’s failure.
  4. No orders as to costs.

The Decree issued on 3/4/2023 and dated 27/3/2023 was to the effect that: -

  1. The parcels of land known as L.R IRIAINI/KAIRIA/2234, 2235,22366,2237,2238 and 2239 in the names of Tonnes Limited originally forming part of the land known as IRIAINI/KAIRIA/518 be and are hereby ordered, combined and consolidated into one Title to be registered in the name of Joseph Kinyua Kimuri.
  2. The Defendant, Joseph Kinyua Kimuri be and is hereby allowed to sub-divide and transfer 5 acres thereof to the Plaintiff herein, Francis Muregi Kiragu.
  3. The costs of construction and sub-division to be borne by the Defendant while the Plaintiff caters for the costs of transfer.
  4. Each party to bear their own costs.

In the Application dated 25/2/2025, the Defendant prayed that this Court be pleased to grant a stay of execution of the orders issued on 20/11/2024 and the Decree issued on 3/4/2023.

He also prayed that the 2 orders be reviewed to exempt L.R No. IRIAINI/KAIRIA/2234 registered under Josephat Mwaniki Njagi and also review the acreage being granted to the Respondent. Given the land herein is not as the parties had anticipated, then the parties herein will be able to achieve their objective and that it is in the interest of justice that the order for stay is granted.

He also prayed for the costs of the Application. The Defendant gave the grounds of the Application on its face and in his affidavit in support of the Application sworn on even date.

He said he was unable to execute the Decree of 3/4/2023 since L.R No IRIAINI/KAIRIA/2234 is registered in the name of Josephat Mwaniki Njagi who was not a party in this suit making the orders granted on 20/11/2024 and 3/4/2023 untenable and that should he fail to execute the Decree, he would be seen to be in contempt of Court. He deponed that the Respondent had already applied to have the Deputy Registrar sign documents on his behalf in order to authorize the transfer.

In Replying Affidavits sworn on the 3/3/2025 and 18/7/2025 respectively, the Plaintiff depones that the Judgment sought to be reviewed was entered by a consent dated 14/1/2023. The same was recorded on 27/2/2023 but that the Defendant refused and failed to implement it prompting the filing by the Plaintiff of the Application dated the 15/10/2024. The Plaintiff is of the view that this is a well-orchestrated endeavor to frustrate and keep away the Plaintiff from enjoying the fruits of the Judgment in this matter. The Plaintiff further in the Affidavit of 18/7/2025 deponed that the Decree in the matter has already been registered. The same was booked for registration on 27/3/2025 and the land has now reverted to IRIANI.KARIA/518 awaiting the partition in accordance with the Court order. He accordingly maintains that the Application for setting aside the Judgment has accordingly been overtaken by events.

I find that the Decree has already been executed in accordance with the Consent Judgment dated14/1/2023 and recorded in Court on 27/2/2023 and therefore there is nothing to stay. Equity aids the vigilant and not the indolent. Costs follow the event and I therefore grant the costs of this Application to the Plaintiff/Respondent.

Read and delivered virtually at Nyandarua this 5th Day of November 2025.

MUGO KAMAU

JUDGE

In the presence of:

In the Presence of: -

Court Assistant:  Samson.

Mr. Nderi for the Plaintiff/Applicant.

N/A for the Defendant/Applicant.

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    FRANCIS MUREGI VS JOSEPH GACHEI FRANCIS MUREGI VS JOSEPH GACHEI