[2025] KEELC 3581 (KLR)

[2025] KEELC 3581 (KLR)

The court found that the plaintiff had already obtained a judgment granting him vacant possession of the property in question. The current application was a post-judgment motion seeking to enforce that decree through eviction. The court noted that the defendants had been served but failed to respond or oppose the...

Source-derived case information.

Citation
[2025] KEELC 3581 (KLR)
Parties
Plaintiff: Patrick Muchehu Chege; Defendant: Land Registrar, Laikipia; Defendant: Lucy Wanjiru Wachira
Court
Environment and Land Court
Court Station
Environment and Land Court at Nanyuki
Jurisdiction
Kenya
Case Number
Environment & Land Case 3 of 2022
Procedural Posture
Notice of Motion / Ruling on Post Judgment Eviction Application
Outcome
Application allowed as drawn.
Judges
LN Mbugua
Legal Topics
Eviction Orders, Execution of Judgments, Vacant Possession
Source Language
en
Land and Property Civil Procedure Eviction Orders Execution of Judgments Vacant Possession

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick Muchehu Chege

Plaintiff

Land Registrar, Laikipia

Defendant

Lucy Wanjiru Wachira

Defendant

Procedural Posture

Notice of Motion / Ruling on Post Judgment Eviction Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to orders of eviction against the defendants from parcel L.R.No Laikipia/Kalalu/56.
  2. 2 Whether the application for eviction is properly grounded on an existing judgment and decree.

Ratio Decidendi

The court found that the plaintiff had already obtained a judgment granting him vacant possession of the property in question. The current application was a post-judgment motion seeking to enforce that decree through eviction. The court noted that the defendants had been served but failed to respond or oppose the application. Relying on Section 34 of the Civil Procedure Act, the court held that it was empowered to enforce its own decrees and that the plaintiff was entitled to the orders sought. The application was therefore allowed as drawn, authorizing eviction of the defendants from the suit property by a court bailiff with police assistance.

Court Disposition

Application allowed as drawn.

Orders

  • The plaintiff is granted orders of eviction against the defendants from parcel L.R.No Laikipia/Kalalu/56.
  • Eviction to be carried out by a court bailiff with the assistance of the O.C.S Laikipia Central Police Station.