- The Objectors Application dated 22/5/2024 seeks that the Deputy Registrar be ordered to execute and/or sign all the requisite forms and/or instruments of transfer so that beneficiaries identified in respect of the estate of Margarita Mwita Machera as per court order of 26/5/2022 can be registered and title deeds issued to them.
- Vide Ruling delivered of 20.12.2023the County Surveyor was ordered to further cause subdivision of the parcel borne out of the initial portion into two portions measuring 2,45Ha each and issue new parcel numbers and the said two portions to be registered to the respective beneficiaries namely Gati Maroa Wangera and Nyanswi Mwita Habuba. The Applicant in her supporting affidavit has claimed that her co-administrator Nyanswi Mwita Habuba has refused and / or neglected to sign or execute mutation form and application for land control board forms and thereby prompting the applicant to file the current application.
- On 12.6.24 the Respondent was granted two days to file her replying affidavit. On the 24.7. 24 Mr. Ongori holding brief for Mr. Masolo Advocte for the Petitioner and Mr. Ayienda Advocate for the Objectors were in court and directions were taken that the application dated 22.5.24 would be canvassed by way of written submissions.
- The Application seeks to execute the judgment of this court and there is no reason advanced as why the same cannot be granted. The application is allowed with no orders as to costs.
DELIVERED, DATED and SIGNED at MIGORI this 31st day of October, 2024