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ELCPartially AllowedNot stated in extract· [2020] KEELC 3997 (KLR)

Kamau (Suing on behalf of Riruta Satelite Women Group) v Wambui (Environment & Land Miscellaneous Case 17 of 2009) [2020] KEELC 3997 (KLR)

Environment and Land Court (not explicitly named; inferred from subject matter)
5 October 2020
KBK. BOR
205 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Nairobi land court ordered a title deed held in court since 2014 to be returned to the winner of the case.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Environment and Land Court at Nairobi delivered virtually on 5 October 2020 by K. Bor J. The Plaintiff brought an application dated 3 March 2020 seeking, first, the discharge of an order made by Nyamweya J. on 13 March 2014, and secondly, the release of the original title deed in respect of Dagoretti/Riruta/S.68 (the Suit Property), which had been deposited in court under that order. The application was supported by the fact that the court had previously given judgment in favour of the Plaintiff, restraining the Defendant from interfering with the Plaintiff's quiet possession of the Suit Property. The court reviewed the order of 13 March 2014, observing that the parties had agreed to have the original title deed deposited in court for safe keeping, with the issue of costs to be agreed upon when the suit was finalised. In the result, the court allowed prayer 2 of the application and ordered that the original title deed deposited in court for safe keeping pursuant to the order of 13 March 2014 be released to the Plaintiff forthwith. The ruling does not record a costs order, and the Defendant made no appearance at the delivery. No authorities or statutory provisions are cited in the extract.

Key legal issues

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Release of a title deed deposited in court under an earlier consent order

Holding

The original title deed over Dagoretti/Riruta/S.68 deposited pursuant to the order of 13/3/2014 was to be released to the Plaintiff, who had obtained judgment restraining the Defendant from interfering with quiet possession

Reasoning

The court reviewed the order of 13/3/2014, noting that the parties had agreed the original title deed would be deposited in court for safe keeping pending finalisation of the suit, with costs to be agreed. Since judgment had already been entered in favour of the Plaintiff restraining the Defendant from interfering with quiet possession of the Suit Property, the court found it appropriate to release the deposited title deed to the Plaintiff forthwith, allowing prayer 2 of the application dated 3/3/2020.

p. 1

Legal principles established

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  • Where a party obtained judgment and the original title deed was deposited in court for safe keeping pending finalisation, the party in whose favour judgment was entered is entitled to release of the title deed

Court orders

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  1. 1.Prayer 2 of the application dated 3/3/2020 allowed
  2. 2.The original title deed deposited in court for safe keeping pursuant to the order of 13/3/2014 to be released to the Plaintiff forthwith
Jurisdiction invoked
Continuation jurisdiction over its own interlocutory orders in the suit (specific provision not cited in extract)

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, "Kamau (Suing on behalf of Riruta Satelite Women Group) v Wambui (Environment & Land Miscellaneous Case 17 of 2009) [2020] KEELC 3997 (KLR)", Case Analysis (2020). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3997/eng@2020-10-05

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