Ngome v Muyaka & another; KCB Bank Kenya Limited & another (Interested Parties) (Land Case E008 of 2022) [2025] KEELC 5236 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the plaintiff was entitled to enforce the consent judgment by having the Deputy Registrar execute transfers of the security titles upon default
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.
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.
Legal principles established
#- 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
#- 1.The Notice of Motion dated 20th March 2025 is allowed as prayed
- 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.Costs of the application to the plaintiff
- Jurisdiction invoked
- Inherent power to enforce its own judgment/decree adopted as an order of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.