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ELCAllowedOriginating Summons dated 22nd February 2024· [2025] KEELC 3632 (KLR)

Okello v Parakuo (Enviromental and Land Originating Summons E001 of 2024) [2025] KEELC 3632 (KLR)

Environment and Land Court
8 May 2025
2,176 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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By an Originating Summons dated 22nd February 2024, William Omondi Okello sought orders compelling Musana Ole Parakuo to execute transfer forms so that 7 acres out of Narok Cis-Mara-Oleleshwa/19699 would be transferred to him in line with the judgment in Narok ELC JR No. E002 of 2022 delivered on 12th October 2023, which upheld the Land Registrar Narok's Ruling of 13th May 2022; alternatively, that the Deputy Registrar be authorized to sign the transfer forms. The Plaintiff contended he purchased land from the Defendant, whose title (parcel 19698) was cancelled; after research he lodged a caution over parcel 19699, the twin of his plot. The Land Registrar ruled that the caution be removed upon transfer of 7 acres to the Plaintiff from parcel 16853. The Defendant's judicial review of that ruling was dismissed and never appealed. Despite service, the Defendant neither entered appearance nor responded, and the suit proceeded by way of written submissions. The court identified a single issue: whether the Plaintiff was entitled to the orders sought. It found the Land Registrar's ruling remained subsisting, that parcel 16853 had been closed upon subdivision with parcel 19699 (about 25 acres) still registered in the Defendant's name, and that allowing the prayers would meet the ends of justice under Sections 1A and 3A of the Civil Procedure Act. The Originating Summons was allowed entirely in terms of prayers 1 and 2, with costs to the Plaintiff.

Key legal issues

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01

Whether the Plaintiff was entitled to orders compelling execution of transfer of 7 acres out of Narok Cis-Mara-Oleleshwa/19699 in enforcement of the Land Registrar's ruling upheld in judicial review

Holding

Yes; the Land Registrar's ruling of 13th May 2022 remained subsisting after dismissal of the judicial review, and since parcel 16853 no longer existed, the 7 acres could be hived from resultant parcel 19699 registered in the Defendant's name.

Reasoning

The court found the Land Registrar's ruling had not been set aside, reviewed or appealed, having been upheld in JR No. E002 of 2022. The green card evidence showed parcel 16853 was closed upon subdivision, with parcel 19699 as a resultant subdivision still in the Defendant's name. Under Sections 1A and 3A of the Civil Procedure Act the court was mandated to issue orders necessary to meet the ends of justice, and court orders are not issued in vain.

p. 4
02

Who should bear the costs of the Originating Summons

Holding

The Defendant, having failed to comply with the Land Registrar's ruling, was to pay the costs, since costs follow the event.

Reasoning

The Plaintiff submitted that costs follow the event and the Defendant's failure to comply with the Land Registrar's ruling justified an award of costs. The court allowed the Originating Summons entirely with costs to the Plaintiff/Applicant.

p. 5

Legal principles established

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  • A subsisting ruling of the Land Registrar, upheld on judicial review and not overturned, must be enforced and court orders are not issued in vain
  • Where the parcel directed to be transferred no longer exists following subdivision, the entitlement may be satisfied from a resultant parcel still registered in the name of the defaulter

Court orders

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  1. 1.The Defendant/Respondent compelled to execute transfer forms in respect of Narok Cis-Mara-Oleleshwa/19699 so that 7 acres are transferred to the Plaintiff in line with the judgment in JR No. E002 of 2022 upholding the Land Registrar's Ruling of 13th May 2022
  2. 2.In the alternative, the Deputy Registrar of the court authorized to sign the transfer forms in respect of Narok Cis-Mara-Oleleshwa/19699 for transfer of 7 acres to the Plaintiff
  3. 3.Costs of the Originating Summons awarded to the Plaintiff/Applicant

Authorities

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Legislation

  • Civil Procedure ActSection 1A
  • Civil Procedure ActSection 3A

Cases cited (1)

  • Bhar vs Khan
    (1965) E.A 96
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land parcels in Narok; enforcement of the Land Registrar's ruling upheld in Narok ELC JR No. E002 of 2022

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, "Okello v Parakuo (Enviromental and Land Originating Summons E001 of 2024) [2025] KEELC 3632 (KLR)", Case Analysis (2025). Originating Summons dated 22nd February 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3632/eng@2025-05-08

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