REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS ELC CASE NO. 81 OF 2010 RICHARD WANJOHI KARANGI (Suing as the Administrator of the Estate of the late LT.COL (RTD) JAMES KARANGI)::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF/APPLICANT VERSUS NATHAN MUTISO:::::::::::::::::::::::::::::1ST DEFENDANT/RESPONDENT PAUL NGEI MUSESYA:::::::::::::::::::::::2ND DEFENDANT/RESPONDENT NZIOKI WAMBUA:::::::::::::::::::::::::::::3RD DEFENDANT/RESPONDENT JOSEPH KATIKU NGUTI:::::::::::::::::::4TH DEFENDANT/ RESPONDENT RULING The application is dated 11th June 2025 and is brought under Section 1, 1A, 3, 3A of the Civil Procedure Act, Cap 21, Article 159 of the Constitution of Kenya, 2010, Order 51 Rule 1 of the Civil Procedure Rules, 2010 seeking the following orders: 1. That this matter be certified urgent and be heard ex-parte in the first instance. 2. That the Honourable Court do authorize the Deputy Registrar and/or Executive officer of this Honourable Court to sign the transfer forms in respect of Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. ELC NO. 81 OF 2010 1
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Mavoko Town Block 2/18411, 2/18412 & 2/18413 so that the Plaintiff's proprietary interest of 4 acres can be excised and transferred to them. 3. That this Honourable Court be pleased to order the OCS Mavoko SNP Police Station to accompany the Plaintiff to do a subdivision and survey upon Land Parcel number Mavoko Town Block 2/9835 and/ or the resulting subdivisions. 4. That the costs of this application be in the cause. The application is based on the annexed affidavit of Richard Wanjohi Karangi, and grounds that this court through its Judgment dated 22nd October 2024 directed that the Plaintiffs have proved to have a proprietary interest of 4 acres upon Land Parcel number Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413. That further the court ordered the Defendants to unconditionally transfer to the Plaintiff 4 acres to be excised from L.R No. Mavoko Town Block 2/18411 to L.R No. Mavoko Town Block 2/18413. That despite the orders the Defendants have remained uncooperative and have blatantly refused to transfer to the Plaintiff the said 4 acres. That the Plaintiff is desirous of undertaking a survey upon the land and extract the 4 acres as there are people who have started encroaching on the land. That the Defendants wants to sale the remaining land and leave us with nothing. That the said exercise cannot be conducted without the escort of the police officers. That it is in the interest of justice that the orders be granted as prayed. ELC NO. 81 OF 2010 2
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This court has considered the application and the supporting affidavit therein. The Applicant stated that the court through its Judgment dated 22nd October 2024 directed that the Plaintiffs have proved to have a proprietary interest of 4 acres upon Land Parcel number Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413. That further the court ordered the Defendants to unconditionally transfer to the Plaintiff 4 acres to be excised from L.R No. Mavoko Town Block 2/18411 to L.R No. Mavoko Town Block 2/18413. I have perused the court record and find that by a judgement delvered on the 22nd October 2024 Justice Christine Ochieng ordered as foolows; a. A declaration be and is hereby issued that the Palintiff has proprietary interests over four (4) acres in respect to LR No. Mavoko Town Block 2/9835 and/or the resultant subdivisions thereto, being LR No. Mavoko Town Block 2/18411 to LR No. Mavoko Town Block 2/18413 by virtue of constructive trust subsisting against the Defendants. b. An order be and is hereby issued that the Defendants do unconditionally transfer to the Plaintiff four (4) acres to be excised from LR No. Mavoko Town Block 2/18411 to LR No. Mavoko Town Block 2/18413 and in default the Land Registrar Machakos be directed to issue a title deed for the said portion. ELC NO. 81 OF 2010 3
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c. An order be and is hereby issued directing the Land Registrar Machakos to cause cancellation of title deed to LR No. Mavoko Town Block 2/9835 and/or the resultant subdivisions thereto being LR No. Mavoko Town Block 2/18411 to LR No. Mavoko Town Block 2/18413. d. The Plaintiff shall be responsible for payment of transfer fees including other incidentals. e. Costs of this suit is awarded to the Plaintiff. The Defendants/Respondents were served and failed to file any responses or oppose the same. Court orders must be obeyed. I find the application is merited and I grant the following orders; 1. The Deputy Registrar and/or Executive officer of this Honourable Court to sign the transfer forms in respect of Mavoko Town Block 2/9835 and/or the resultant subdivisions being L.R No. Mavoko Town Block 2/18411, 2/18412 & 2/18413 so that the Plaintiff's proprietary interest of 4 acres can be excised and transferred to them. 2. The OCS Mavoko SNP Police Station to accompany the Plaintiff to do a subdivision and survey upon Land Parcel number Mavoko Town Block 2/9835 and/ or the resulting subdivisions. 3. No orders as to costs. ELC NO. 81 OF 2010 4
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It is so ordered. DELIVERED, DATED AND SIGNED AT MACHAKOS THIS 29 TH DAY OF JULY 2026. N.A. MATHEKA JUDGE ELC NO. 81 OF 2010 5
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