[2006] KEHC 2271 (KLR)

[2006] KEHC 2271 (KLR)

The respondent has failed to comply with the judgment of 10th July 2002 requiring her to vacate the suit property. The applicant has demonstrated that a final notice to vacate was duly served on the respondent. In the absence of compliance, the court is obligated to enforce its judgment by granting the applicant the orders sought in prayers (2), (3), and (4) of the Notice of Motion dated 4th December 2003. The court thus grants the application to enforce the eviction and related reliefs as previously ordered.

Citation
[2006] KEHC 2271 (KLR)
Parties
Applicant: Charles Gitonga Ndirangu; Respondent: Irene Muthoni Githaiga
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
29 May 2006
Case Number
Civil Case 20 of 1998
Procedural Posture
Civil Case / Ruling on Notice of Motion for Enforcement of Judgment
Outcome
Application granted in terms of prayers (2), (3), and (4) of the Notice of Motion dated 4th December 2003.
Legal Topics
Eviction Orders, Enforcement of Judgment, Possession of Land
Source Language
English
Land and Property Eviction Orders Enforcement of Judgment Possession of Land

Case Brief

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Parties

Charles Gitonga Ndirangu

Applicant

Irene Muthoni Githaiga

Respondent

Procedural Posture

Civil Case / Ruling on Notice of Motion for Enforcement of Judgment

Legal Issues

  1. 1 Whether the respondent has complied with the court judgment requiring her to vacate the suit property.
  2. 2 Whether the applicant is entitled to enforcement of the eviction order as per the judgment.

Ratio Decidendi

The respondent has failed to comply with the judgment of 10th July 2002 requiring her to vacate the suit property. The applicant has demonstrated that a final notice to vacate was duly served on the respondent. In the absence of compliance, the court is obligated to enforce its judgment by granting the applicant the orders sought in prayers (2), (3), and (4) of the Notice of Motion dated 4th December 2003. The court thus grants the application to enforce the eviction and related reliefs as previously ordered.

Court Disposition

Application granted in terms of prayers (2), (3), and (4) of the Notice of Motion dated 4th December 2003.

Orders

  • The Notice of Motion dated 4th December 2003 is granted in terms of prayers number (2), (3), and (4).