Caselaw

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC CASE NO. 459 OF 2010 JAMES GITINGU WAMAGATA......................1ST PLAINTIFF JOSPHAT MAINA MACHARIA.....................2ND PLAINTIFF VERSUS DAVID MIGICHI KAGENI.................................DEFENDANT RULING This court entered judgement in favour of the 1 st Plaintiff on 15/10/2018 vide which it directed the Defendant to undertake a subdivision of the land known as Dagoretti/Kinoo/4176 (“the Suit Property”) into two portions out of which the portion measuring 0.05 hectares (ha) was to be transferred to the 1st Plaintiff and Defendant was to retain the portion measuring 0.5 ha. The Plaintiff filed the application dated 2/5/2019 on 3/7/2019 seeking to have the Deputy Registrar of the court execute the documents necessary for the subdivision of Dagorretti/Kinoo/4176 and subsequently transfer the 1 st Plaintiff’s portion in execution of the decree issued on 16/11/2018. The application was made on the grounds that the Defendant had refused to cooperate with the 1 st Plaintiff in the subdivision process as directed by the court; and that the 1 st Plaintiff cannot carry out the subdivision because the land is registered in the 1 st Defendant’s name. The application was supported by the 1 st Plaintiff’s affidavit deponing to the difficulties he encountered in his quest to enforce the court’s decree. The court has considered the application and finds that it has merit. It is allowed in terms of prayer number 1 and 2. The prayer for eviction is declined. The Plaintiff is directed to follow the procedure for eviction under the law. Costs shall be in the cause. Delivered virtually at Nairobi this 28th day of May 2020 K.BOR JUDGE In the presence of:Mr. Muchangi Nduati for the Plaintiffs Mr. V. Owuor- Court Assistant No appearance for the Defendant