Rose Wambui Kamau & 2 others v Cecelia Mou Charles –harris

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS COMMERCIAL AND TAX DIVISION CORAM: D. S. MAJANJA J. CIVIL CASE NO. 337 OF 2010 BETWEEN ROSE WAMBUI KAMAU........................................................................1 ST PLAINTIFF JUDY WAIRIMU KAMAU.....................................................................2 ND PLAINTIFF JULIUS KARUGA MACHARIA.............................................................3 RD PLAINTIFF AND CECELIA MOU CHARLES –HARRIS.......................................................DEFENDANT RULING 1. On 22nd June 2017, Tuiyott J., allowed the Plaintiffs’ suit against the Defendant for specific performance in respect of the property known as Nairobi/Block 91/399 registered in the Defendant’s name. The Plaintiffs, who are also decree-holders, have now moved the court by the Notice of Motion dated 12th April 2018 seeking the following orders from this court: 1. THAT the Honourable court be pleased to order the Defendant to sign all relevant papers and give effect to the Judgment issued on 22nd June 2016 and transfer of land on land parcel Nairobi/Block 91/399. 2. THAT in default of complying with prayer 1 of the order above, the Deputy Registrar of Milimani High Court, Commercial and Admiralty Division be authorises to sign all documents and instruments of transfer of land parcel Nairobi.Block 91/399 on behalf of the Defendant and a title deed be issued to the Plaintiff or their nominees. 2. The application is supported by the affidavit of Rose Wambui Kamau sworn on 12 th April 2018. It is premised on the ground that Plaintiffs obtained a judgment in their favour on 22 nd June 2017. That the stay of execution pending appeal given when the judgment was read has since lapsed and subsequent review applications filed by the Defendant have been dismissed and that there is nothing standing in the way of execution of the decree. The Plaintiffs claim that the Defendant is not willing to a facilitate the transfer the suit property to the Plaintiffs in accordance with the judgment. 3. I have perused the court file and I note that Tuiyott J., dismissed the Defendant’s Notice of Motion dated 4 th July 2017 seeking to review the judgment by a ruling dated 1 st December 2017. By a further ruling dated 1 st February 2019, the learned judge dismissed the Defendant’s Notice of Motion dated 24th May 2018 seeking judgment on the counterclaim and by a ruling dated 20 th December 2019, the learned judge also dismissed the Defendant’s application seeking to set draw the decree in the manner propose by her. 4. I also note that there is substantial correspondence and a record of communication between the Defendant and other officers of this court on matter that are not germane to the validity of Judgment and Decree. I am therefore satisfied that there is nothing impeding the execution of the Judgment and Decree in the Plaintiffs’ favour. Since the application which has been on file since 2018 is not opposed and in order to bring this matter to conclusion, I allow the application and order as follows: (a) The Defendant be and is hereby directed to execute all relevant documents and give effect to the Judgment issued on 22 nd

page 1 of 2