Ngunje v Goko

Ngunje v Goko (Civil Case 45 of 2008) [2025] KEELC 18734 (KLR) (17 March 2025) (Directions) Neutral citation: [2025] KEELC 18734 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI CIVIL CASE 45 OF 2008 EK MAKORI, J MARCH 17, 2025 BETWEEN PETER NGIGI NGUNJE ........................................................................... PLAINTIFF AND MARGARET WANJIKU GOKO ........................................................... DEFENDANT DIRECTIONS 1. The Decree Holder has a Judgment against the Judgment Debtor in this manner; i. Judgment against the Plainti in sum of Kshs 177,677.01/- ii. Interest at court rates on the above amount with eect from 9th July 2008 until payment in full. iii. Plainti to pay the costs of the counterclaim. 2. To my understanding, that Judgment eectively settled the matter between the parties. 3. The Application dated 7th October, 2024 seeks to have the matter re-opened. The Land Registrar for purposes of transfer of parcel No. Kili/Jimba/654 to the Defendant/Decree Holder. 4. I do not think the approach taken by the Defendant/Decree Holder is the most appropriate. There is no cause of action against the Registrar. The role of the Registrar would be perhaps eect any orders that may emanate in execution of the money decree of the land in question is ordered for sale or transfer in a lawful manner but not in the manner proposed in the application dated 7th October, 2024. 5. That the application dated 7th October, 2024 is declined with order as to costs. DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY ON THIS 17TH DAY OF MARCH 2025. E. K. MAKORI JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18734/eng@2025-03-17 1

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