[2020] KEELC 1169 (KLR)
The court found that the applicant had obtained a valid eviction decree on 24th September 2019, granting the respondents six months to vacate the suit land. The respondents failed to comply and did not appeal the judgment. The court emphasized that its orders must be obeyed and that the applicant is entitled to seek...
Source-derived case information.
- Citation
- [2020] KEELC 1169 (KLR)
- Parties
- Applicant: Albert Sore Mangala; Respondent: Josephat N. Wanangwe; Respondent: Livingstone Odenyi Wanangwe; Respondent: Laban J. Wanangwe
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 376 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Police Assistance in Execution of Eviction Decree
- Outcome
- Application allowed with costs to the applicant.
- Judges
- NA Matheka
- Legal Topics
- Eviction Orders, Execution of Decrees, Vacant Possession, Police Assistance in Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Sore Mangala
Applicant
Josephat N. Wanangwe
Respondent
Livingstone Odenyi Wanangwe
Respondent
Laban J. Wanangwe
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Police Assistance in Execution of Eviction Decree
Legal Issues
- 1 Whether the applicant is entitled to police assistance during execution of the eviction decree.
- 2 Whether the respondents have complied with the court's eviction order.
- 3 Whether the court should grant costs to the applicant.
Ratio Decidendi
The court found that the applicant had obtained a valid eviction decree on 24th September 2019, granting the respondents six months to vacate the suit land. The respondents failed to comply and did not appeal the judgment. The court emphasized that its orders must be obeyed and that the applicant is entitled to seek police assistance to ensure peaceful execution of the decree. The respondents' claims regarding allocation of their share and lack of title deed did not justify non-compliance with the eviction order. The application for police assistance was therefore merited and granted, with costs awarded to the applicant.
Court Disposition
Application allowed with costs to the applicant.
Orders
- The officer commanding Butere Police Station is directed to provide security during the execution of the decree issued against the respondents.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KAKAMEGA
ELC CASE NO. 376 OF 2017
ALBERT SORE MANGALA....................................................PLAINTIFF/APPLICANT
VERSUS
JOSEPHAT N. WANANGWE
LIVINGSTONE ODENYI WANANGWE
LABAN J. WANANGWE..............................................DEFENDANTS/RESPONDENTS
RULING
The application is dated 29th April 2020 and is brought under section 3A of the Civil Procedure Act seeking the following orders:-
1. That the officer commanding Butere Police Station be directed to provide security during the execution of the decree issued herein against the respondent herein.
2. That costs be provided for.
It is based on the annexed affidavit of Albert Sore Mangala and grounds that the applicant herein obtained a decree for eviction order dated 24th day of September, 2019 against the respondents herein who were given six (6) months to abide by the order. That the respondents herein have neglected and/or refused to move and deliver up vacant possession of the L.R.S. MARAMA/LUNZA/54. That security is needed during the execution of the said decree so as to avoid breach of peace.
The 1st respondent submitted that he did not object to the court ruling and he is a law abiding citizen who respects the rule of law. That during the succession cause he was enjoined as an objector but he complied with the judgment that was delivered on 23rd October, 2013. That he was satisfied with 2. 5 acres that was allocated to his father and asks the court to assist him get his 2. 5 acres before evicting him because up to now he does not have any title deed of his father’s portion. That according to records in the land office it was found that Joshua Mang’ula the deceased had only one parcel of land Marama/Lunza/Plot No. 54 measuring 2. 6 acres. That the reason why he has not moved is that he has not been shown where the 2. 5 acres are and moreover he has no title deed of that parcel.
This court has considered the application and the submissions therein. The applicant submitted that he obtained a decree for eviction order dated 24th day of September, 2019 against the respondents herein who were given six (6) months to abide by the order. That the respondents herein have neglected and/or refused to move and deliver up vacant possession of the L.R.S. MARAMA/LUNZA/54. That security is needed during the execution of the said decree so as to avoid breach of peace. I have perused the court file and find that indeed by a judgement delivered on the 24th September 2019 the respondents were given six months to vacate the suit land and indefault eviction order to issue. The respondents have not appealed against this judgement and have not vacated. Court orders must be obeyed. I find the application is merited and I grant the same with costs to the applicant.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 28TH SEPTEMBER 2020.
N.A. MATHEKA
JUDGE