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Original judgment

Kimagut Arap Mogeso v Simeon Kipkemoi Maru

REPUBLIC OF KENYA IN THE ENVIRONMENT & LAND COURT AT KERICHO CIVIL SUIT NO. 42 OF 2008 KIMAGUT ARAP MOGESO………………..………………….PLAINTIFF VERSUS SIMEON KIPKEMOI MARU .…………………………………… DEFENDANT RULING (Application to have the Deputy Registrar execute instruments of transfer for certain land; judgment already entered for the applicant; application allowed). The application before me is that dated 29th April 2016. It seeks orders to have the Deputy Registrar, Kericho Law Courts, execute transfer forms to the plaintiff in respect of the land parcel Kericho/Kapsuser/2156. In this case, the applicant had sued the respondent for a declaration that he has acquired title to the land parcel Kericho/Kapsuser/2156 by way of adverse possession. The matter was heard and judgment delivered on 29th May 2015 in favour of the applicant. The respondent was given 30 days to execute all instruments required to transfer the suit property to the applicant. In this application, the applicant contends that the respondent has failed to execute the documents. I have no reason to decline the application. I allow it. I order the Deputy Registrar, Kericho, to sign all documents required to be executed by the respondent, so as to transfer the land parcel Kericho/Kapsuser/2156 to the applicant and otherwise give effect to the judgment herein. The applicant shall also have the costs of this application. It is so ordered. Dated, Signed and delivered on this 2nd day of September, 2016 MUNYAO SILA JUDGE ENVIRONMENT AND LAND COURT PRESENT Mr. Kitur present for Applicant No appearance for Respondent Court Assistant; Mr. Kenei

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