[2021] KEELC 4122 (KLR)
The court found that the applicants had demonstrated sufficient grounds for the orders sought, namely, that the previously appointed auctioneer had failed to execute the eviction orders, and that restoration of boundaries was necessary to give effect to the court's earlier judgment. The court exercised its...
Source-derived case information.
- Citation
- [2021] KEELC 4122 (KLR)
- Parties
- Plaintiff: Alvin Mbae; Plaintiff: Alice Mbiro (thro’Alvin Mbae as next friend); Plaintiff: Wilson Mbaabu; Defendant: Kinyua Mukatha; Defendant: Monica K. Mugo; Defendant: Anderson Nkonge Mugo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 258 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Substitution of Auctioneer and Boundary Restoration
- Outcome
- Application allowed in part; prayers 2, 3, and 4 granted with conditions.
- Legal Topics
- Eviction Orders, Boundary Restoration, Execution of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alvin Mbae
Plaintiff
Alice Mbiro (thro’Alvin Mbae as next friend)
Plaintiff
Wilson Mbaabu
Plaintiff
Kinyua Mukatha
Defendant
Monica K. Mugo
Defendant
Anderson Nkonge Mugo
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Substitution of Auctioneer and Boundary Restoration
Legal Issues
- 1 Whether the court should grant leave for Waklaw Advocates to come on record for the defendants alongside existing counsel.
- 2 Whether the eviction orders previously issued should be recalled from Beeline Auctioneers and allocated to Quickline Auctioneers.
- 3 Whether the District Surveyor should be directed to restore boundaries of the suit lands to facilitate execution of the court's orders.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds for the orders sought, namely, that the previously appointed auctioneer had failed to execute the eviction orders, and that restoration of boundaries was necessary to give effect to the court's earlier judgment. The court exercised its discretion to allow the applicants' new advocates to come on record, to substitute the auctioneer (with proper liaison with the Deputy Registrar), and to direct the District Surveyor to restore boundaries as per the Registry Index Map. The court was satisfied that these measures were necessary to ensure the effective execution of its orders and to prevent injustice to the applicants,...
Court Disposition
Application allowed in part; prayers 2, 3, and 4 granted with conditions.
Orders
- Leave is granted for the firm of Waklaw Advocates to come on record for the defendants/applicants alongside Kiogora Mugambi & Co. Advocates.
- The eviction orders previously issued to Beeline Auctioneers are recalled and may be allocated to Quickline Auctioneers, subject to proper liaison with the court's Deputy Registrar.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 258 OF 2017
FORMERLY MERU ELC. CASE NO. 116 OF 2017
ALVIN MBAE....................................................................................1ST PLAINTIFF
ALICE MBIRO (THRO’ALVIN MBAE AS NEXT FRIEND) ........2ND PLAINTIFF
WILSON MBAABU..........................................................................3RD PLAINTIFF
VERSUS
KINYUA MUKATHA...................................................................1ST DEFENDANT
MONICA K. MUGO.....................................................................2ND DEFENDANT
ANDERSON NKONGE MUGO...................................................3RD DEFENDANT
RULING
1. This application is dated 1st March, 2021 and seeks the following orders:
1. THAT due to the nature and the Urgency of the Instant application, the same be heard Ex-Parteand on priority basis.
2. THATthis Honourable Court be pleased to Grant Leave for the firm of M/S WAKLAW Advocates to come on record for the Applicants/Defendants and to act alongside,the firm of Kiogora Mugambi & Co. Advocates in the Instant Suit.
3. THAT this Honourable Court be pleased to recall the eviction Orders issued to BEELINE AUCTIONEERS and the same be allocated to by M/S QUICKLINE AUCTIONEERS.
4. THAT this Honourable Court be pleased to direct the District Surveyor Meru South to visit the Suit Lands LR. MWIMBI/MURUGI/1715 and 1716 and its adjacent Land Parcels and identify and restore the boundariesas per the Registry Index Map (R.I.M) Sheet No. 18, Murugi Registration Section, for the purpose(s) of execution of the eviction Orders against the Respondents/Plaintiffs.
5. THAT this Honourable Court be pleased to issue such further Orders that would be expedient to meet the ends of Justice in the Instant Suit.
6. THAT the cost of this application be costs in the Cause.
2. The application has the following grounds:
a) THAT M/S BEELINE AUCTIONEERS have deliberately failed and/or ignored to execute this Honourable Court Orders issued on 2nd December 2020.
b) THATit is in interest of Justice that the destroyed boundaries on LR. MWIMBI/MURUGI/1715 and 1716 be restored to facilitate the execution of this Honourable Court Orders issued on 2nd December 2020.
c) THAT unless the Orders sought are granted, the Court Orders issued on 2nd December 2020, shall be in vainand subject the Applicants/Defendants suffer irreparable loss and damage.
d) THAT the Respondents/Plaintiffs and who have not Appealed against the Orders issued on 2nd December 2020,will not suffer any prejudice if the Orders sought by the Applicants/Defendants are issued Ex-Parte.
3. Mr. Kirimi Muturi the applicant’s advocate asked the court to grant prayers 2, 3 and 4. Prayer 2 was for his firm Waklaw Advocates to come on record for the applicants/defendants alongside the firm of Kiogora Mugambi.
4. I note that prayers 3 and 4 are meant to facilitate implementation of this court’s orders.
5. In the circumstances, I issue the following orders:
a) Prayers 2, 3 and 4 are granted but for prayer 3, there should be proper liaison with this court’s Deputy Registrar.
b) Costs shall be in the cause.
Delivered in open Court at Chuka this 3rd day of March, 2021 in the presence of:
CA: Ndegwa
Kirimi Muturi for the applicants
P. M. NJOROGE,
JUDGE.