[2002] KEHC 636 (KLR)
The court found that the dispute between the parties had been litigated several times before, with appropriate orders made, including the order for eviction of the defendants who are sub-tenants. After reviewing all relevant documents, court orders, and submissions, the court concluded that there was no further...
Source-derived case information.
- Citation
- [2002] KEHC 636 (KLR)
- Parties
- Plaintiff: Ali Soitara Korir; Defendant: Josephine Nyambura Kaga Macharia & 50 others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 66 of 1997
- Procedural Posture
- Civil Case / Ruling on Application to Vacate Stay of Execution
- Outcome
- stay of execution order vacated; eviction orders to be enforced
- Legal Topics
- Eviction Orders, Tenancy Disputes, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Soitara Korir
Plaintiff
Josephine Nyambura Kaga Macharia & 50 others
Defendant
Procedural Posture
Civil Case / Ruling on Application to Vacate Stay of Execution
Legal Issues
- 1 Whether the stay of execution order granted on 20th March, 2000 should be vacated.
- 2 Whether the matter has been conclusively litigated and appropriate orders previously made.
Ratio Decidendi
The court found that the dispute between the parties had been litigated several times before, with appropriate orders made, including the order for eviction of the defendants who are sub-tenants. After reviewing all relevant documents, court orders, and submissions, the court concluded that there was no further justification for maintaining the stay of execution granted on 20th March, 2000. The stay of execution was therefore vacated, allowing the previously ordered eviction to proceed. The court exercised its discretion to ensure finality of litigation and enforcement of its orders.
Court Disposition
stay of execution order vacated; eviction orders to be enforced
Orders
- The stay of execution order granted on 20th March, 2000 is hereby vacated.
- The eviction orders previously issued by Mitey, J are to be enforced.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICIVIL CASE NO. 66 OF 1997ALI SOITARA KORIR ……………………………….. PLAINTIFFVERSUSJOSEPHINE NYAMBURA KAGA MACHARIA & 50 OTHERS ………………………… DEFENDANTSR U L I N G This case has a long history as the court record shows. It has been handled by many Judges and various orders have been issued.
On 19. 7.99, Mitey, J made orders for the eviction of the defendants who are the sub-tenants in Shaurimoyo. The plaintiffs are the head tenants. An urgent application was made to stay the orders of Mitey, J. I heard that application and delivered a Ruling on 20th March, 2000 staying the orders of eviction by Mitey, J The advocates representing the 2 parties herein subsequently appeared before me several times in respect of the stay of execution orders which I granted on 20. 3.2000.
The parties agreed to file submissions and bring all the relevant documents, and orders of the court issued previously in this matter to court, dating back to 1980. The plaintiff’s counsel annexed to his submission documents which gave the history of this dispute, i.e. the background information the various court orders, the tenancy agreements, various letters from Nairobi City Council etc etc. All these documents are annexed to the submissions.
I read through the various documents and court orders and I came to the conclusion that the case had been litigated several times before and appropriate orders made. In these circumstances, I must now move to vacate the order granted on 20th March, 2000 of “stay of execution”. The stay of execution order of 20th March, 2000 is hereby vacated.
Dated at Nairobi this 7th day of March, 2002. JOYCE ALUOCH HIGH COURT JUDGE