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ELCAllowedNotice of Motion dated 20th March 2025 (case number not stated in the judgment)· [2025] KEELC 5236 (KLR)

Ngome v Muyaka & another; KCB Bank Kenya Limited & another (Interested Parties) (Land Case E008 of 2022) [2025] KEELC 5236 (KLR)

Environment and Land Court
24 June 2025
2,679 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court can order the Deputy Registrar to sign land transfer documents when a debtor ignores a court-adopted settlement agreement.

What this practically means

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Executive summary

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The plaintiff, Charles Kibanani Ngome, moved the Environment and Land Court at Bungoma by Notice of Motion dated 20th March 2025 seeking an order that the Deputy Registrar execute transfer instruments over three parcels of land (LR Ndivisi/Muchi/9XX1, Ndivisi/Muchi/10XX5 and Ndivisi/Muchi/2XX4) in his favour or in favour of third parties, to recover the outstanding Kshs. 6,000,000 and costs under a consent judgment dated 26th April 2024 in which the defendants agreed to refund Kshs. 8,000,000 by instalments, secured by the three title deeds, with acceleration upon dishonour of any cheque. The plaintiff deposed that after payment of Kshs. 2,000,000, cheques for August to November 2024 were dishonoured and default continued. The 2nd Defendant, Stephen Wangusi Fedha, opposed, admitting a balance of Kshs. 6,000,000 but arguing it was unjust for the plaintiff to both retain the Kshs. 2,000,000 paid and take all three properties, proposing that one property worth Kshs. 2,000,000 be spared. The plaintiff countered that the consent order prescribed no order of disposal of the securities and undertook to account for any surplus. The court held that the consent order, having been adopted as its judgment, was binding and enforceable; that the 2nd Defendant had effectively admitted default; and, applying M & E Consulting Engineers and Mwangi Ndegwa v Kanyi Gichuhi, that the court is empowered to make further orders to enforce its judgment so the decree holder may enjoy the fruits thereof. The application was allowed as prayed with costs.

Key legal issues

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01

Whether the plaintiff was entitled to enforce the consent judgment by having the Deputy Registrar execute transfers of the security titles upon default

Holding

Yes. The consent order was adopted as the judgment of the court and, upon the defendant's admitted default in payment, the whole balance became due and the plaintiff was at liberty to execute in any manner recognized by law, including transfer of the securities.

Reasoning

The court found that the parties compromised the suit by a consent judgment adopted as an order of the court, making it binding and enforceable. The 2nd Defendant effectively admitted failing to perform, having paid only Kshs. 2,000,000, with the post-dated cheques dishonoured for insufficient funds. Relying on M & E Consulting Engineers and Mwangi Ndegwa v Kanyi Gichuhi, the court held it was empowered to make further orders to enforce its judgment and could not fold its hands while the decree holder was denied the fruits of judgment.

p. 5

Legal principles established

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  • A consent order adopted by the court is binding on the parties and is not lightly to be set aside or varied save by consent or on recognized grounds.
  • A court may make further orders to serve the limited purpose of enforcing its own judgment so that the decree holder enjoys the fruits of the judgment.

Court orders

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  1. 1.The Notice of Motion dated 20th March 2025 is allowed as prayed
  2. 2.The Deputy Registrar of the court to execute transfer instruments in respect of LR NO. Ndivisi/Muchi/9XX1, Ndivisi/Muchi/10XX5 and Ndivisi/Muchi/2XX4 in favour of the plaintiff or third parties to recover the outstanding sum of Kshs. 6,000,000 and attendant costs in terms of order No.4 of the consent judgment/order dated 26th April 2024
  3. 3.Costs of the application to the plaintiff

Authorities

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Legislation

  • Criminal Procedure CodeSection 204

Cases cited (6)

  • M & E Consulting Engineers Limited v Lake Basin Development Authority & Another
    (2015) KLR
  • Machira T/A Machira & Co. Advocates v East Africa Standard (No.2)
    (2002) KLR 65
  • Mwangi Ndegwa v Kanyi Gichuhi
    (2019) KLR / (2019) eKLR
  • John Simiyu Palanga (deceased) & another v Chopkooe Koskei & another
    (2018) KLR
  • Kenya Commercial Bank Ltd v Specialized Engineering Company Ltd
    (1982) KLR 485
  • Lamb & Sons Ltd v Rider
    (1948) 2 ALL ER 402
Jurisdiction invoked
Inherent power to enforce its own judgment/decree adopted as an order 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, "Ngome v Muyaka & another; KCB Bank Kenya Limited & another (Interested Parties) (Land Case E008 of 2022) [2025] KEELC 5236 (KLR)", Case Analysis (2025). Notice of Motion dated 20th March 2025 (case number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5236/eng@2025-06-24

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