[2007] KEHC 2812 (KLR)
The court found that the applicant had complied with all procedural requirements for entry of judgment on the tribunal award. The respondent, despite being served, failed to attend or oppose the application. There was no valid objection before the court to prevent the adoption of the award as a judgment....
Source-derived case information.
- Citation
- [2007] KEHC 2812 (KLR)
- Parties
- Applicant: Virginia Ngari; Respondent: Benard Ngari
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 1994
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Tribunal Award
- Outcome
- application allowed; judgment entered in terms of tribunal award
- Legal Topics
- Enforcement of Tribunal Awards, Entry of Judgment, Land Disputes, Procedural Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Ngari
Applicant
Benard Ngari
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Tribunal Award
Legal Issues
- 1 Whether the court should enter judgment in terms of the award filed by the Land Disputes Tribunal.
- 2 Whether there are any valid objections or reasons to withhold entry of judgment on the award.
Ratio Decidendi
The court found that the applicant had complied with all procedural requirements for entry of judgment on the tribunal award. The respondent, despite being served, failed to attend or oppose the application. There was no valid objection before the court to prevent the adoption of the award as a judgment. Accordingly, the court exercised its discretion to enter judgment in terms of the award filed by the Gichugu Land Disputes Tribunal, as there was no legal impediment or substantive reason to withhold such judgment.
Court Disposition
application allowed; judgment entered in terms of tribunal award
Orders
- Judgment is entered in terms of the Award of Land Dispute Tribunal Gichugu filed in court on 15th April 1998.
- There shall be no order as to costs in respect of the Notice of Motion dated 3rd November 2006.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
Misc Appli 2 of 1994
BENARD NGARI…………………………………………...PLAINTIFF
Versus
VIRGINIA KARIUKO………………..…..……..………..DEFENDANT
RULING
VIRGINIA NGARI the applicant herein has brought an application of Notice of Motion dated 3rd November 2006 brought under Order KLV Rule 17 of the Civil Procedure Rules. The applicant seeks an order of the court to enter judgment of the award filed in court on 15th April 1998 and read by the court on 17th September 1998. The said award was by Land Gichugu Land Tribunal Court. The award was read by the court as stated herein before but it has not been made a judgment of the court because of intervention of applications made by the Respondent. The Respondent was served with the present application but failed to attend the hearing.
I have considered the application and the supporting affidavit and I find that the prayers sought are merited. Accordingly the court grants the following order:
(1) That judgment be and is hereby entered of the Award of Land Dispute Tribunal Gichugu filed in court on 15th April 1998.
(2) That there shall be no order as to costs in respect of the Notice of Motion dated 3rd November 2006.
Dated and delivered at Nyeri this 25th day of May 2007.
MARY KASANGO
JUDGE