Munene v Tarus (Environment & Land Case 94 of 2014) [2025] KEELC 4401 (KLR)
The bottom line
#A Kenyan court refused to force a land transfer because the buyer never first paid the balance and followed the required execution steps.
What this practically means
#Executive summary
#Key legal issues
#Conditions precedent to invoking Section 98 of the Civil Procedure Act for execution of a conveyance by a nominated person
The application fails because the applicant did not comply with the decree by forwarding transfer documents, a cheque for the balance and interest, and land control board application forms to the judgment debtor, and did not demonstrate refusal or neglect by the judgment debtor.
Section 98 permits the court to order execution by a nominated person where a person neglects or refuses to execute a conveyance directed by a decree. The court held the decree-holder bears the duty to first perform its own obligations under the decree and exhaust the avenues of execution under Orders 21 and 22 of the Civil Procedure Rules, including service of the decree, cheque and transfer forms. Hardship resulting from non-compliance with the procedure is self-made and cannot ground the relief sought.
Execution of a decree more than one year old
A decree over one year old can only be executed after a notice to show cause is issued to the judgment debtor, and the procedural steps under Orders 21 and 22 must be adhered to.
The court noted the decree relied upon was over one year old, and that under the law such a decree cannot be executed after a notice to show cause has been issued to the judgment debtor. Other than correspondence, there was no proof that the judgment debtor was served with the decree, a cheque with the transfer form, and a land control board application form for execution. The elementary steps for execution had not been demonstrated.
Legal principles established
#- A decree-holder invoking Section 98 of the Civil Procedure Act must demonstrate how and when the judgment debtor refused or neglected to comply with the decree, having exhausted all available avenues of execution.
- Execution of a decree is governed by procedure and rules in force, and questions arising on execution, discharge or satisfaction of a decree fall to the executing court.
Court orders
#- 1.The applicant's application dated 12/11/2024 seeking execution of the transfer instruments by the Deputy Registrar/Executive Officer is dismissed
- 2.Costs of the application awarded to the respondent
- Jurisdiction invoked
- Section 98 of the Civil Procedure Act and Sections 34, and Orders 21 and 22 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munene v Tarus (Environment & Land Case 94 of 2014) [2025] KEELC 4401 (KLR)", Case Analysis (2025). Not stated on the face of the ruling (arising from a judgment delivered on 14/11/2018 and decree dated 21/5/2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4401/eng@2025-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.