Simon Muturi Wahome VS Stanley Maina Ngure

1. The Plaintiff/Judgment Creditor filed the application titled ‘Summons General’ dated 19th of December 2024, seeking the following orders:
1) Spent.
2) THAT this Honourable Court be pleased to order the Land Registrar, Nyeri, to lift a caution placed by the Respondent's family members on the register of Land Reference No.NYERI/WARAZA/1922.
3) THAT upon being granted prayer (a), the Respondent be ordered to sign all the requisite Land Control Board Applications, Mutations, form LRA 33 and any other necessary documents and avail his passport size photos, photocopies of ID Cards and the Pin Number Certificates to facilitate conclusion of this matter.
4) THAT in the alternative, the Court do authorise the Deputy Registrar to sign all the above documents and do order that the Land Registrar, Nyeri, to dispense with the production of passport size photos, photocopies of ID Cards and the Pin Number Certificates to effect subdivision and the registration of Land Reference No. NYERI/WARAZA/1922.
5) THAT further, this Honourable Court be pleased to order the area OCS Narumoru to maintain peace and order during the subdivision of LR. NO. NYERI/WARAZA/1922
6) THAT the Applicant be awarded costs of this application
2. The application is supported by the Plaintiff/Applicant's affidavit. The grounds supporting the application are that this matter was concluded on 20th September 2024 through a ruling in his favour. He extracted the order and proceeded to execute it.
3. However, the Applicant found a restriction placed on the Respondent's land Nyeri/Waraza/1922 by his family on 19th November 2012. The family has refused, failed and/or ignored to lift the said restriction.
4. Further, the Respondent has refused to sign all the requisite documents to effect subdivision of the suit land.
5. The Defendant did not respond to the Plaintiff’s application.

Analysis and Determination
6. The Plaintiff instituted it through the Plaint dated 10th July 2013. Judgment was entered in favour of the Plaintiff on 3rd February 2015 as per the decree issued by the court on 19th March 2015 in the sum of Kshs 300,000 as refund of purchase price plus interest at 20 percent per annum and Kshs 250,000 being the value of the developments in the two acre portion on the suit land. Costs of the suit were assessed by the Court at Kshs. 59,250 and a certificate of costs issued.
7. The Plaintiff filed an application dated 3rd January 2024, and it was heard and allowed by Olola J on the 20th of September 2024. From the court record, the judgment-debtor has not settled the decree herein.
8. The Applicant claims that he has been unable to execute the order of the court issued on 20th September 2024 because there is a restriction placed on the Respondent’s title number Nyeri/Waraza/1922 by his family on 19th November 2012. The Applicant further stated that the Respondent has refused to sign all the requisite documents to effect subdivision of the suit land.
9. The order issued by the court on 20th September 2024 stated as follows, where relevant;
a)..
b)  That upon grant of prayer a) this Honorable Court do issue an order prohibiting the judgement debtor from transferring, leasing or charging L.R. NO Nyeri/Waraza/1922 and prohibiting all persons from taking all benefit from such purported transfer, lease or charge until the whole decretal amount is pad and until further orders of the court are made.
c)  That the respondent/judgement debtor's interest of two acres to be excised from L.R. NO. Nyeri/Waraza/1922, being the interest of the Applicant/judgement creditor herein, be sold and the proceeds therefrom, after deductions of expenses attributed and incidental to such sale or such amount as shall satisfy the decree herein be paid out to the judgment creditor.
d) That the sale of the said property be conducted by M/S GREEN BELLS AUCTIONEERS in place of CHADOR AUCTIONEERS, Nyeri.
e) That the public notice and advertisement of the sale shall be by advertisement in one issue of a daily newspaper having circulation within Nyeri County.
f)  That the decree holder be authorised to bid for and purchase the said land at the intended public auction.
10. The Applicant’s case is that the above court order has not been complied with, especially the excision and sale of the two acres out of the suit land. It is trite law that Court orders are not made in vain and are meant to be complied with. Ojwang, J (as he then was) in B. V. Attorney General [2004] 1 KLR 431 stated that:
“The Court does not, and ought not to be seen to, make Orders in vain; otherwise the Court would be exposed to ridicule, and no agency of the Constitutional order would then be left in place to serve as a guarantee for legality, and for the rights of all people.”
11.  In the case of Republic v County Chief Officer, Finance & Economic Planning, Nairobi City County (Ex Parte David Mugo Mwangi) [2018] eKLR, the Court made the following observations;
"30. It must, however, be remembered that Court orders are not made in vain and are meant to be complied with. If for any reason a party has difficulty in complying therewith, the honourable thing to do is to come back to court and explain the difficulties faced by the need to comply with the order. Once a Court order is made in a suit, the same is valid unless set aside on review or on appeal. In Econet Wireless Kenya Ltd vs. Minister for Information & Communication of Kenya & Another [2005] 1 KLR 828, Ibrahim, J (as he then was) stated:
“It is essential for the maintenance of the rule of law and order that the authority and the dignity of our Courts are upheld at all times. The Court will not condone deliberate disobedience of its orders and will not shy away from its responsibility to deal firmly with proved contemnors. It is the plain and unqualified obligation of every person against, or in respect of whom, an order is made by a Court of competent jurisdiction, to obey it unless and until that order is discharged. The uncompromising nature of this obligation is shown by the fact that it extends even to cases where the person affected by an order believes it to be irregular or void”.
12. From the foregoing, the court finds that it has a duty to do its part in ensuring that a court order duly issued is complied with. The Defendant did not oppose the Plaintiff’s application, though served as per the affidavit of service of Rachel Njambi Wang’ombe sworn on 30th January 2025.
13. The court finds that the application dated 19th December 2024 has merit and the same is hereby allowed as follows;
1) The Land Registrar, Nyeri, be and is hereby directed to lift a caution placed by the Respondent’s family members on the register of Land Reference No. NYERI/WARAZA/1922.
2) The Defendant/Respondent be and is hereby ordered to, within 30 days from the date of service of this order, sign all the requisite Land Control Board Applications, Mutations, form LRA 33 and any other necessary documents and avail his passport size photos, photocopies of ID Cards and the Pin Number Certificates to facilitate compliance with the court order issued on 20th September 2024.
3) In default of compliance with order 2) above, the Deputy Registrar is to sign all the above documents and the Land Registrar, Nyeri, to dispense with the production of passport size photos, photocopies of ID Cards and the Pin Number Certificates to effect subdivision and the registration of Land Reference No. NYERI/WARAZA/1922.
4) The area OCS Narumoru is hereby directed to maintain peace and order during the subdivision of LR. NO. NYERI/WARAZA/1922.
5) The Applicant is awarded the costs of this application.

Delivered, Dated and Signed at Nyeri on 1st day of August 2025