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ELCAllowedNot stated in judgment (application dated July 2, 2020)· [2022] KEELC 3627 (KLR)

Laaru v Laaru (Environment and Land Appeal 32 of 2019) [2022] KEELC 3627 (KLR)

Environment and Land Court
11 May 2022
CNC K Nzili
380 words in judgment
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The bottom line

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A Kenyan court ordered officials to sign land transfer papers because the losing party refused to comply and had no stay of execution.

What this practically means

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Executive summary

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By a notice of motion dated July 2, 2020, the applicant Julius Kailikia Laaru sought an order authorising and empowering the Deputy Registrar to sign and execute all subdivision and transfer documents in execution of a decree delivered in 2016, by which the court decreed ten acres to the applicant and ordered the respondent Peter Kaigera Laaru to effect the transfers. The applicant complained that the respondent had totally refused to implement the decree since 2016 and that no stay of execution existed. The respondent opposed through a replying affidavit sworn July 21, 2020, arguing that an appeal was pending and should be heard and determined first, failing which the appeal would be rendered nugatory, and that the property should be preserved. The respondent then filed a notice of motion dated July 19, 2020 seeking leave to appeal out of time; he later explained in a further affidavit that the original application had gone missing, prompting the filing of another. By consent of the parties, on November 10, 2021 the respondent was allowed to file an appeal out of time within seven days. The court observed that as at the date of the ruling no notice of appeal had been brought to its attention and the respondent had produced no stay order against the decree. The court accordingly allowed the application, with costs to the applicant, empowering the Deputy Registrar to execute the transfer documents. Delivered on May 11, 2022 by C K Nzili, ELC Judge.

Key legal issues

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01

Whether execution should proceed absent a stay of execution

Holding

The application was allowed because the respondent had neither filed the notice of appeal permitted by consent nor obtained any stay of execution

Reasoning

The court noted the respondent had been allowed by consent on November 10, 2021 to file an appeal out of time within 7 days, but as at the date of the ruling no notice of appeal had been brought to the court's attention and no stay order against the decree had been shown. The decree of 2016 had remained unimplemented due to the respondent's refusal. In those circumstances enforcement via the Deputy Registrar was warranted.

p. 2

Legal principles established

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  • A decree-holder may obtain an order that the Deputy Registrar execute transfer documents where the judgment-debtor refuses to effect transfers and no stay of execution is in place

Court orders

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  1. 1.The application dated July 2, 2020 is allowed
  2. 2.Costs of the application awarded to the applicant
Jurisdiction invoked
Not expressly stated; inherent execution powers over a decree of the court

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, "Laaru v Laaru (Environment and Land Appeal 32 of 2019) [2022] KEELC 3627 (KLR)", Case Analysis (2022). Not stated in judgment (application dated July 2, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3627/eng@2022-05-11

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