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ELCAllowednot stated in the extract· [2018] KEELC 1950 (KLR)

George Mbugua Njuguna & 3 others v Registered Trustees of World Outreach [2018] KEELC 1950 (KLR)

Environment and Land Court
30 August 2018
KBK. BOR
169 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court can order its own Deputy Registrar to sign land transfer documents when a losing party disappears, so winning a case is not the end of enforcement.

What this practically means

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Executive summary

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By a notice of application dated 31 August 2016, the Applicants sought orders that the Deputy Registrar of the court execute the relevant forms on behalf of the Registered Trustees of World Outreach in respect of parcel Dagoretti/Riruta/S.666, so as to effect a transfer of the land to the Applicants. The court had already entered judgment in favour of the Applicants on 29 January 2016 and issued a final decree on 29 March 2016, but the Respondent could not be traced to execute the transfer documents; Patricia W. Chege swore the affidavit in support of the application, deponing that attempts to trace the Respondent had proved futile. The Applicants cited various authorities to establish that the court was not functus officio after judgment and decree, and that it retained inherent jurisdiction to grant the orders sought. K. Bor, J, sitting in Nairobi, agreed. The court held that the application had merit and allowed it as prayed, directing that the Deputy Registrar execute the relevant forms on behalf of the Registered Trustees. The court made no orders as to costs. The ruling was dated and delivered at Nairobi on 30 August 2018, with Mr Mwariri appearing for the Plaintiff and Mr Kimathi Kamencha for the Defendant.

Key legal issues

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01

Whether the court is functus officio after entry of judgment and issuance of a final decree

Holding

The court is not functus officio and has inherent jurisdiction to grant orders compelling execution of transfer documents to give effect to its decree

Reasoning

Judgment was entered for the Applicants on 29/1/2016 and a final decree issued on 29/3/2016. The Respondent could not be traced to execute the transfer documents, so the Applicants sought an order that the Deputy Registrar execute the forms on behalf of the Registered Trustees of World Outreach. Authorities were cited to show the court retains inherent jurisdiction and is not functus officio. The court agreed the application had merit and allowed it as prayed, with no order as to costs.

p. 2

Legal principles established

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  • A court that has entered judgment and issued a final decree is not functus officio and retains inherent jurisdiction to grant consequential orders to effectuate the decree

Court orders

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  1. 1.The application dated 31/8/2016 is allowed as prayed
  2. 2.The Deputy Registrar of the court to execute the relevant forms on behalf of the Registered Trustees of World Outreach in respect of Dagoretti/Riruta/S.666 for purposes of effecting the transfer of the land to the Applicants
  3. 3.No orders as to costs
Jurisdiction invoked
Inherent jurisdiction of the court to grant the orders sought; the court held it is not functus officio after entering judgment and decree

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "George Mbugua Njuguna & 3 others v Registered Trustees of World Outreach [2018] KEELC 1950 (KLR)", Case Analysis (2018). not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1950/eng@2018-08-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.