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ELCAllowedNot stated in judgment· [2025] KEELC 976 (KLR)

Mboho v Mohammed (Environment & Land Case E417 of 2022) [2025] KEELC 976 (KLR)

High Court of Kenya
27 February 2025
TMT. MURIGI
783 words in judgment
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The bottom line

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Kenya's High Court ordered a Deputy Registrar to sign a property transfer after the losing party ignored a court judgment for over a year.

What this practically means

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Executive summary

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The court (T. Murigi, J) determined a Notice of Motion dated 14th June 2024 brought under Sections 1A, 1B, 3A and 98 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules. The Applicant, a Decree Holder, sought orders that the Deputy Registrar execute transfer instruments in respect of Apartment Number B8-1 on Land Reference Number 1/395 (Original Number 1/385/5) pursuant to a consent judgment entered on 9th October 2023 in terms of a consent order dated 18th September 2023. The consent judgment required the Defendant to execute the lease within 30 days and undertake registration in favour of the Plaintiff within 90 days, and to deliver ownership documents upon registration. The Applicant's supporting affidavit deposed that his firm delivered an executed lease to the Judgment Debtor's Advocate on 24th October 2023, but the Respondent neither executed nor lodged the lease for registration despite numerous requests. The Respondent filed no response and, as at the time of the ruling, had not filed submissions as directed. The court framed one issue: whether the Applicant was entitled to the orders sought. Applying Section 98 of the Civil Procedure Act, the court held that the Respondent had failed to execute the lease and forward it for registration, and that the Applicant had demonstrated merit. The application was allowed as prayed, with costs borne by the Respondent.

Key legal issues

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01

Whether the Applicant was entitled to an order that the Deputy Registrar execute the transfer instruments under Section 98 of the Civil Procedure Act

Holding

The application was allowed because the Respondent failed to comply with the consent judgment directing execution and registration of the lease

Reasoning

The court noted the consent judgment of 9th October 2023 obliged the Defendant to execute the lease within 30 days and undertake registration within 90 days. The Applicant annexed the lease and a letter forwarding it to the Judgment Debtor's Advocate. The Respondent filed no response or submissions and adduced no evidence of execution or lodgment for registration. The court found the Applicant had demonstrated merit and allowed the application as prayed with costs to the Respondent.

p. 3

Legal principles established

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  • Where a person neglects or refuses to comply with a decree directing him to execute a conveyance, the court may order it to be executed by a person nominated by the court, and it operates as if executed by the person originally directed

Court orders

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  1. 1.That the Deputy Registrar of the court executes the Transfer instruments in respect of Apartment Number B8-1 erected on Land Reference Number 1/395 (Original Number 1/385/5) in favour of the Decree Holder as decreed in the judgment delivered on 9th October 2023
  2. 2.That the costs of the application be borne by the Respondent

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A and 98
  • Civil Procedure RulesOrder 51
Jurisdiction invoked
Sections 1A, 1B, 3A and 98 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules

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, "Mboho v Mohammed (Environment & Land Case E417 of 2022) [2025] KEELC 976 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/976/eng@2025-02-27

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