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ELCAllowedNot stated in the judgment· [2021] KEELC 3733 (KLR)

Tilal Ole Kaura & 3 others v Bartan Kaura & 3 others [2021] KEELC 3733 (KLR)

Environment and Land Court
18 March 2021
MKMohamed N. Kullow
399 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court allowed an unopposed application to rectify land title deeds, authorising the Deputy Registrar to sign mutation forms implementing a 2018 decree.

What this practically means

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Executive summary

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The court, per Mohamed N. Kullow J, dealt with a Notice of Motion dated 6th February 2019 filed by Bartan Kaura under a certificate of urgency, supported by his affidavit sworn the same date. The applicant sought two orders: dispensation of service upon the Plaintiffs/Respondents in the first instance, and authorization for the Deputy Registrar to execute mutation forms to implement a decree of the same court delivered on 20th December 2018. That decree had declared the 4th Plaintiff owner of land known as CIS Mara/Siana/''A''/129 and the 3rd Defendant owner of CIS Mara/Siana/''A''/127, and directed the District Land Registrar Narok and the Surveyor to amend the register within 90 days so that each parcel accorded with its parcel number and ground position and RIM. The court framed a single issue: whether the applicant was entitled to the orders sought. Directions of 2/12/2019 allowed the respondents leave to file a replying affidavit and the applicant leave for a supplementary affidavit, with the application to be disposed of by written submissions. Neither side filed responses or submissions, and parties and advocates were absent on the date of ruling. Observing that the prayers concerned only rectification of title deeds to reflect the owners as per the 2018 decree, the judge allowed the application as prayed on 18th March 2021, with no orders as to costs.

Key legal issues

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01

Whether the Applicant is entitled to orders authorizing the Deputy Registrar to execute mutation forms to implement the decree

Holding

The application was allowed as prayed because it sought only implementation of an existing decree and was unopposed.

Reasoning

The court framed a single issue: entitlement to the orders sought. It noted the parties and advocates were absent, no replying affidavit or submissions were filed by the respondents, and the applicant also filed no submissions. Observing that the prayers merely sought rectification of title deeds to reflect owners as per the decree of 20th December 2018, the court allowed the application as prayed, with no orders as to costs.

p. 2

Legal principles established

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  • An application to rectify title deeds and execute mutation forms to reflect the terms of a decree already issued may be allowed as prayed where it is unopposed and no response or submissions are filed.

Court orders

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  1. 1.Service of the application upon the Plaintiffs/Respondents dispensed with in the first instance (implied by allowing the application as prayed)
  2. 2.The Deputy Registrar of the court authorized to execute mutation forms for purposes of implementing the decree of the court of 20th December 2018
  3. 3.Application allowed as prayed with no orders as to costs
Jurisdiction invoked
Not expressly stated; arises from enforcement of a decree of the same court issued on 20th December 2018

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, "Tilal Ole Kaura & 3 others v Bartan Kaura & 3 others [2021] KEELC 3733 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3733/eng@2021-03-18

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