[2024] KEELC 904 (KLR)
The court found that the applicant's request to join the proceedings as an interested party and to obtain orders facilitating execution, including police assistance and authority to break into premises if necessary, was meritorious. The court relied on its statutory powers under the Civil Procedure Act and the...
Source-derived case information.
- Citation
- [2024] KEELC 904 (KLR)
- Parties
- Applicant: Caren O. Agwa; Respondent: Melkishadek Akoko Ochich
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 13 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Ex Parte Notice of Motion for Joinder and Execution Assistance
- Outcome
- Application allowed in full.
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Execution of Judgments, Court Powers, Attachment of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caren O. Agwa
Applicant
Melkishadek Akoko Ochich
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Ex Parte Notice of Motion for Joinder and Execution Assistance
Legal Issues
- 1 Whether the applicant should be granted leave to join the proceedings as an interested party to aid in execution.
- 2 Whether the court should order police assistance and permit breaking of gates/doors for execution of warrants.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant's request to join the proceedings as an interested party and to obtain orders facilitating execution, including police assistance and authority to break into premises if necessary, was meritorious. The court relied on its statutory powers under the Civil Procedure Act and the Environment and Land Court Act, as well as constitutional principles of access to justice and the need to ensure effective execution of its orders. The application was allowed in full, granting all the orders sought by the applicant to enable execution of the court's warrants and awarding costs to the applicant.
Court Disposition
Application allowed in full.
Orders
- Leave granted to the applicant to join the proceedings to enable him to seek orders to aid in execution.
- OCS Kendu Bay Police Station to provide security to enable execution of the warrant by seizing the property of the judgment debtor.
Full Case Text
Judgment text and source record
23 paragraphs
Agwa v Ochich (Environment and Land Appeal 13 of 2022) [2024] KEELC 904 (KLR) (27 February 2024) (Ruling)
Neutral citation: [2024] KEELC 904 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 13 of 2022
GMA Ongondo, J
February 27, 2024
Between
Caren O. Agwa
Applicant
and
Melkishadek Akoko Ochich
Respondent
Ruling
1. This ruling is in respect of an application by way of a Notice of motion Ex parte dated 13th February 2024 by the applicant/interested party/auctioneer in person seeking the orders infra;a.Leave be granted to the applicant to join the instant proceedings to enable him seek orders to aid him in execution in this matter.b.The OCS Kendu Bay Police Station to provide security to enable him execute the warrant from this court by seizing the property of the judgment debtor.c.The applicant be allowed to break the gates and doors where the proclaimed properties are kept if the same will not be voluntarily opened.d.Costs incidental to this application be provided for.
2. The application is premised upon grounds (a) to (c) set out on it's face alongside the applicant's supporting affidavit and the accompanying documents annexed thereto. Briefly, the applicant states that the proclaimed properties are due for attachment and he requires security in the execution of warrants of this court in this matter.
3. The applicant has sought to join the proceedings herein as an interested party for reasons captured in the application. This court is aware of the meaning of the term "Joinder" in the Black'sLaw Dictionary 10thEdition.
4. I take int account the jurisdiction and the powers of this court set out in sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya, 2010 and sections 3, 13 and 19 of the Environment and Land Court Act, 2015 (2011).
5. Furthermore, I note that the applicant has moved this court in the spirit of Articles 48 and 159 (2) (b) of the Constitution of Kenya, 2010.
6. Bearing in mind the character of the application and the ends of justice. I find the application meritorious.
7. A fortiori, the application, be and is hereby allowed in terms of orders set out in paragraph 1 (a) to (d) hereinabove with costs.
8. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 27TH DAY OF FEBRUARY 2024. G. M. A ONG’ONDOJUDGEPRESENT1. Luanga, court assistant