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ELCDismissedNot stated in judgment· [2017] KEELC 2027 (KLR)
Njeru Mugera v Jemimah Nkirote Njagi [2017] KEELC 2027 (KLR)
High Court of Kenya (Environment and Land Division), Chuka
25 July 2017
548 words in judgment
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan court dismissed a landowner's request to bypass the title deed requirement because she was found dishonest, but ordered the other side to transfer the land within 60 days.
What this practically means
#Executive summary
#This is a ruling on a notice of motion dated 6th July 2017 by the respondent/applicant, Jemimah Nkirote Njagi, in a pending land appeal before the High Court at Chuka. She sought certification as urgent and, principally, an order empowering and authorising the District (county) land registrar and surveyor, Chuka, to dispense with the necessity of production of the original title deed over L.R. MAGUMONI/MUKUUNI/313 so as to implement the court's order of 17th May 2016, under which the suit land had been surveyed and subdivided into two equal portions in June 2017. She alleged that the appellant/respondent, Njeru Mugera (Njeru Njagi), had declined to surrender the original title deed and was depleting the trees on the land using power-saws. At the hearing the appellant's advocate stated that the parties had, before the OCS Chuka on 26th June 2017, agreed the appellant would have 90 days to remove his property, and that he was willing to transfer the land within 60 days. The court found the applicant evasive, dishonest and predisposed to creating unverified stories, and noted she had hidden the OCS Chuka meeting from the court in her pleadings. The application, specifically prayer 2, was dismissed. The court, however, recorded the appellant's undertakings as orders: to transfer the land to the applicant within 60 days and to remove his property and crops from her portion; barred further frivolous applications by the applicant; directed her to meet transfer fees and attendant costs; and directed a progress report on 27th September 2017.
Key legal issues
#01
Whether the court should dispense with production of the original title deed to implement its earlier subdivision order
Holding
Prayer 2 dismissed because the applicant lacked candour and credibility
Reasoning
The court assessed the applicant's credibility at the hearing, finding her evasive and prone to unverified allegations (that she had been sent death threats), and noting she had concealed the OCS Chuka meeting of 26.6.2017 from the court. On that basis the discretionary relief to dispense with the original title deed was refused, and instead the appellant's advocate's undertakings to transfer and vacate were recorded as orders.
p. 2
Legal principles established
#- A party who hides material facts from the court and is evasive in testimony disentitles herself to the court's assistance
Court orders
#- 1.The application, and specifically prayer 2, is dismissed
- 2.Mr. Njeru Mugera, the appellant/respondent, as undertaken by his advocate, to transfer land to the applicant, JEMIMAH NKIROTE NJAGI, as per court orders within 60 days
- 3.Mr. Njeru Mugera, the appellant/respondent, as undertaken, to remove his property including crops from the portion of the suit land which now belongs to the applicant
- 4.Any further frivolous applications from the applicant will not be entertained
- 5.The applicant to meet transfer fees and attendant costs
- 6.Parties to come to court on 27.9.2017 to make a progress report
- Jurisdiction invoked
- Not stated; application for implementation of orders issued herein on 17.05.2016 in a pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njeru Mugera v Jemimah Nkirote Njagi [2017] KEELC 2027 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2027/eng@2017-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.