[2007] KEHC 420 (KLR)
The court found that the applicant had complied with all procedural requirements for entry of judgment in terms of the Land Disputes Tribunal award. The award had been filed and read in court, and there were no pending objections or valid reasons to withhold judgment. The respondent, despite being served, failed to...
Source-derived case information.
- Citation
- [2007] KEHC 420 (KLR)
- Parties
- Plaintiff: Benard Ngari; Defendant: Virginia Kariuko
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 1994
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enter Judgment on Tribunal Award
- Outcome
- application granted
- Legal Topics
- Tribunal Awards, Entry of Judgment, Land Disputes, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Ngari
Plaintiff
Virginia Kariuko
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Enter 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 pending applications preventing entry of judgment.
Ratio Decidendi
The court found that the applicant had complied with all procedural requirements for entry of judgment in terms of the Land Disputes Tribunal award. The award had been filed and read in court, and there were no pending objections or valid reasons to withhold judgment. The respondent, despite being served, failed to attend or oppose the application. The court therefore exercised its discretion to enter judgment as sought, finding the application merited.
Court Disposition
application granted
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
11 paragraphs
BENARD NGARI……………………………………..………………...PLAINTIFF
Versus
VIRGINIA KARIUKO………………………………………..………..DEFENDANT
RULING
VIRGINIA NGARIthe 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