Mbito v Law (Enviromental and Land Originating Summons 20 of 2019) [2025] KEELC 3044 (KLR)
The bottom line
#A Kitale court refused to help a landowner complete a transfer because he showed no evidence of trying to execute the judgment himself first.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should order the Deputy Registrar to execute transfer documents under Section 98 of the Civil Procedure Act
The application fails because the applicant did not demonstrate efforts made to trace the judgment debtor or facilitate execution of the decree
Section 98 permits the court to nominate a person to execute a conveyance where a party neglects or refuses to comply with a decree. However, the applicant must first show the efforts made and the inability faced. Here, there was nothing to show the applicant attempted to trace, serve, or send transfer documents to the judgment debtor, so the court found no basis to grant the relief.
Whether orders could issue in this suit to effect the decree in Kitale ELC No. 10 of 2016 (OS)
The court declined as the files are not consolidated and there was no evidence of authority to act for the decree holders in that suit
The applicant sought to have orders in this suit effect the decree in a separate suit. The court held the deponent lacked demonstrated authority to plead for the decree holders in that matter, and since the two files were not consolidated, the decree holders had to move the court in the appropriate file.
Whether the decree already contained self-executing provisions rendering the application unnecessary
The decree contained self-executing vesting orders, and the applicant had not explained why he had not sought registration directly from the Land Registrar
The court observed that the decree, as extracted, had self-executing vesting orders pursuant to paragraph 22 of the judgment. It was unclear why the applicant had not simply sought from the Land Registrar to be registered as owner of the decreed land, undermining the necessity of the application.
Legal principles established
#- To qualify under Section 98 of the Civil Procedure Act, an applicant must demonstrate the efforts made to execute the decree and the inability faced, such that court assistance is the only option left
- Questions relating to execution of a decree must be determined by the court executing the decree, not by a separate suit
Court orders
#- 1.The application is dismissed with no orders as to costs
- Jurisdiction invoked
- Section 98 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbito v Law (Enviromental and Land Originating Summons 20 of 2019) [2025] KEELC 3044 (KLR)", Case Analysis (2025). Kitale ELC Case of 2016 (unnumbered in ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3044/eng@2025-04-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.