REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC CASE NO. 336 OF 2018 EMILIUS MUCHORA NDIRITU.............................PLAINTIFF/APPLICANT -VERSUSJOYCE NJOKI MWANGI alias JOYCE NJOKI KARIMI..................................DEFENDANT/RESPONDENT RULING 1. Before this court for determination is the notice of motion dated 5 th April, 2023 filed by the plaintiff/applicant, and it is expressed to be brought under Sections 3A and 80 of the Civil Procedure Act seeking the following orders:1. The deputy registrar of the high court environment and land division be and is hereby authorized by this honourable court to sign on behalf defendant/respondent all of the documents necessary for transfer and registration of that land known as Nairobi/Block 110/502 to the applicant/plaintiff’s name. 2. The land registrar be and is hereby authorized by this honourable court to 1|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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dispense with production by the plaintiff/applicant herein of the original title document for that land known as Nairobi/ Block 110/ 502 for the purpose of transfer and registration of the aforesaid land to the applicant / plaintiff’s name. 3. Cost of this application be awarded to the applicants. 2. The application is premised on the grounds on its face. It is further supported by the affidavit of the plaintiff/applicant sworn on even date. He deposed that judgement in this matter has been pronounced and the prayers sought in his plaint granted to him. Among the prayers granted is an order specifically compelling the defendants/respondents to complete the sale agreement that she executed in respect of the land known as Nairobi/Block110/502, by transferring and causing registration of title to that land in his name. 3. The plaintiff/applicant explained that the reason why he lodged the suit against the defendant/respondent is because she had refused and she continues to refuse to complete the said sale agreement dated 5th June, 2006. He has sought to 2|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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have the defendant/respondent supply him with the completion documents stated in their sale agreement before filing this application, but she continues to refuse to complete the transaction. The plaintiff/applicant highlighted that it has taken years in court in pursuit of an order of specific performance and the defendant/respondent has custody of the original completion documents including the title deed for the said land, which the land registrar would require, such as surrender of the said original title documents before issuing a new one. 4. In response thereto, the defendant/respondent filed the replying affidavit sworn on 28th April, 2026. She deposed that she was never served with summons to enter appearance and other pleadings in relation to this matter except the present application. She further deposed that she was astounded to see a copy of the judgment annexed, as she was not aware of the existence of this case. According to her, the plaintiff/applicant breached the terms and conditions of the sale agreement, by failing to pay the balance of the purchase price within the stipulated period and it is for this reason that she decided to withhold the critical transaction documents. 3|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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5. The plaintiff/ applicant filed a further affidavit sworn on 15 th May, 2026. He deposed that the defendant/respondent was served with the pleadings commencing the suit and she entered appearance through the law firm of Nyachio and Company Advocates on 11th February 2009, and filed her statement of defence, noting that this suit was previously known as HCC 12 of 2009. Thereafter, on 25th February 2011, the law firm of S.N Thuku and Associates filed a notice of change of advocates and the said firm remained on record for the defendant/respondent until 22nd April, 2026 when they were served with the order of this court dated 15th April, 2026 and declined service indicating on the order that they no longer had instructions to act for the defendant/respondent. 6. The plaintiff/applicant defendant/respondent was further found deposed guilty, that the convicted and sentenced for selling the suit property for the second time and that she never challenged the said judgement in an appeal and the same still stands. In the circumstances, the plaintiff/applicant urged the court to allow his application 4|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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herein as prayed, as the defendant will never voluntarily sign transfer documents from her actions. 7. The court directed the application to be canvassed through written submissions. None of the parties filed their written submissions. Be that as it may, I have considered the application and the replies thereof. The issue for determination is whether the plaintiff/applicant is entitled to the orders sought. 8. What is sought by the plaintiff/applicant is leave to bypass the usual procedures of transfer of land, since the defendant/respondent has refused to give up the completion documents as per their agreement of sale dated 5 th June 2006, and as per the judgment of this court dated 4th November 2019, which gave an order for specific performance. The defendant/respondent contends that she was never served with the pleadings herein. However, the record indicates that she entered appearance through the memorandum of appearance dated 9 th November, 2011 and filed on 11 th November 2011, through the firm of Nyachio & Company Advocates and filed her 5|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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statement of defence on even date. The defendant/respondent therefore cannot been said to have never been served with the pleadings, having been represented by counsel during the proceedings. 9. The court has already pronounced itself through judgment, which orders have not been stayed nor set aside, thus the plaintiff/applicant only seeks enforcement of the said orders that he is entitled to. 10. From the above, I find merit in the notice of motion dated 5 th April, 2023 and I proceed to grant the following orders:The deputy registrar is hereby directed to i. execute all documents necessary for the transfer and registration of that land known as Nairobi/Block 110/502 to the plaintiff/applicant. ii. The land registrar is hereby authorized to dispense with production plaintiff/applicant document for of that the land by the original title known as Nairobi/Block 110/502 for the purpose of 6|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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transfer and registration of the aforesaid land to the plaintiff/applicant. iii. The cost of this application to be borne by the defendant/respondent. It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 3RD DAY OF SEPTEMBER, 2026. HON. MBOGO C.G. JUDGE 03/09/2026. In the presence of:Mr. Benson Agunga – Court assistant Ms. King’oo Wanjau for the Plaintiff/Applicant No appearance for the Defendant/Respondent 7|Page RULING ELC CASE VIRTUALLY ON 3RD NO.336 OF 2018 DELIVERED SEPTEMBER 2026.
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