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ELCAllowedNot stated in the judgment· [2026] KEELC 34 (KLR)

Mosasi & another v Akombe & another (Environment and Land Case E014 of 2022) [2026] KEELC 34 (KLR)

Environment and Land Court
19 January 2026
CNC. K. Nzili
601 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kitale court ordered the release of an original title deed held as evidence so the winning party could finally register ownership and enjoy the fruits of judgment.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kitale (Nzili J) dealt with an application for the release of an exhibit following a judgment delivered on 18 January 2024, in which the plaintiffs' suit was dismissed and a constructive trust was declared in favour of the 1st defendant over title no. Trans Nzoia/Kipsoen/1903, with the 1st plaintiff compelled to register the 1st defendant as a joint tenant and equal co-owner of the property as a matrimonial and family home. A decree was extracted, signed and sealed on 5 February 2025, and the Deputy Registrar executed the transfer documents in default. The original title deed, produced by the 1st plaintiff as P. Exhibit no. (2), remained in the custody of the court. By letters dated 19 November 2025, the decree holders sought its release for presentation to the Land Registrar, Kitale, through an intermediary, so that the transfer could be completed and a new title issued. The Deputy Registrar declined the request and placed the file before the court for directions. Senior Counsel Isaac Okero, for the decree holders, confirmed that the decree could not be enjoyed despite the documents having been signed and submitted, and sought release of the title for cancellation and issuance of a new title in line with the decree. Miss Nafula, for the plaintiffs, conceded, noting there was no pending appeal. Applying Order 14 Rule 5 of the Civil Procedure Rules, and noting the absence of any superior decree or order of the Court of Appeal staying execution, the court ordered the Deputy Registrar to facilitate surrender of the original title deed to the Land Registrar, Kitale, for further action, with a certified copy retained in the court record.

Key legal issues

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01

Whether the original title deed held as an exhibit should be released after judgment and extraction of the decree

Holding

The court ordered release of the original title deed to the decree holders for surrender to the Land Registrar, Kitale, there being no stay or superior decree and no objection from the plaintiffs.

Reasoning

The title deed was produced as an exhibit by the 1st plaintiff. After judgment and signing of transfer documents by the Deputy Registrar in default, the decree holders needed the original title to complete registration of the 1st defendant as joint tenant. The plaintiffs' counsel conceded, there was no pending appeal, and Order 14 Rule 5 vests discretion in the court that admitted the exhibit. Release would facilitate enjoyment of the decree without prejudicing any party.

p. 2

Legal principles established

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  • Under Order 14 Rule 5 of the Civil Procedure Rules, a party may request the release of specific exhibits after completion of a case, and the discretion lies with the court that admitted the document as an exhibit.
  • A court should withhold release of an exhibit only where there is a superior decree or a stay of execution from a higher court.

Court orders

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  1. 1.The original title deed for Trans Nzoia/Kipsoen/1903 (P. Exhibit no. (2)) be released to the decree holders for surrender to the Land Registrar, Kitale
  2. 2.The Deputy Registrar of the court shall facilitate the surrender of the original title deed to the safe custody of the Land Registrar for further action
  3. 3.A certified copy of the exhibit shall be retained in the court record

Authorities

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Legislation

  • Civil Procedure RulesOrder 14 Rule 5
Jurisdiction invoked
Order 14 Rule 5 of the Civil Procedure Rules (discretion of the court that admitted an exhibit to order its release after completion of the case)

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, "Mosasi & another v Akombe & another (Environment and Land Case E014 of 2022) [2026] KEELC 34 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/34/eng@2026-01-19

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