Lwangu v Ndote & 23 others (Environment and Land Case 79 of 2010) [2026] KEELC 2144 (KLR)

Lwangu v Ndote & 23 others (Environment and Land Case 79 of 2010) [2026] KEELC 2144 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEELC 2144 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE ENVIRONMENT AND LAND CASE 79 OF 2010 CK NZILI, J APRIL 16, 2026 BETWEEN SOFIE FEIS LWANGU ................................................................................ PLAINTIFF AND BENSON WAFULA NDOTE & 23 OTHERS & 23 OTHERS & 23 OTHERS & 23 OTHERS & 23 OTHERS & 23 OTHERS ............................................ DEFENDANT RULING 1. By a ruling dated 22/10/2025, the court dismissed an application for a stay of execution of the judgment delivered on 15/3/2025. 2. This matter was placed before me for directions by the Deputy Registrar, following a letter dated 12/3/2026, asking for the release of Title No. Trans Nzoia/Sinyerere/715 in the name of Jeridah Kilisia Ndote produced by the 1st defendant herein for the purpose of the Land Registrar efiecting the decree herein. 3. Order 14 Rule 5 of the Civil Procedure Rules provides that a party may request the release of specific exhibits after the completion of a case. The discretion lies with the court that admitted the document as an exhibit. 4. The decree holders urge the court to release the exhibit to them for its surrender to the Land Registrar for the execution of the decree dated 11/08/2025. Mr. Kiarie, Advocate for the 3rd defendant, has no objection to the request made. 5. The court has looked at the judgment dated 24/3/2025. Paragraphs 111 and 112 are clear on the way forward. The court, in the circumstances, finds that the request by the letter dated 12/3/2026 is not in tandem with the judgment as to the way forward. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2144/eng@2026-04-16 1

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