[2024] KEELC 6418 (KLR)
The court found that the applicants are entitled to enforcement of the judgment delivered on 30th June 2022, which declared them lawful owners of the suit property and ordered the respondents to vacate. The respondents' attempt to obtain leave to appeal was dismissed, leaving the judgment intact and enforceable. The...
Source-derived case information.
- Citation
- [2024] KEELC 6418 (KLR)
- Parties
- Plaintiff: Abraham Kiprop Choge; Plaintiff: Nelson Kipyego Choge; Plaintiff: Elphas Kipshirchir Choge; Defendant: Thomas Kirwa; Defendant: Abraham Rotich
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 93 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Post Judgment Eviction Application
- Outcome
- Application allowed in its entirety.
- Judges
- EO Obaga
- Legal Topics
- Eviction Orders, Enforcement of Judgment, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abraham Kiprop Choge
Plaintiff
Nelson Kipyego Choge
Plaintiff
Elphas Kipshirchir Choge
Plaintiff
Thomas Kirwa
Defendant
Abraham Rotich
Defendant
Procedural Posture
Notice of Motion / Ruling on Post Judgment Eviction Application
Legal Issues
- 1 Whether the applicants are entitled to enforcement of the judgment for eviction of the respondents from the suit property.
- 2 Whether police assistance and appointment of auctioneers for eviction should be granted.
- 3 Whether the respondents have any legal basis to remain on the suit property after dismissal of their application for leave to appeal.
Ratio Decidendi
The court found that the applicants are entitled to enforcement of the judgment delivered on 30th June 2022, which declared them lawful owners of the suit property and ordered the respondents to vacate. The respondents' attempt to obtain leave to appeal was dismissed, leaving the judgment intact and enforceable. The respondents' continued occupation and cultivation of the property is unlawful. The court therefore granted the application for eviction, police assistance, and appointment of auctioneers, as sought by the applicants.
Court Disposition
Application allowed in its entirety.
Orders
- The defendants/respondents, their agents and/or servants, and their property including crops, are to be evicted and/or removed from LR. No. Plateau/Kipkabus Block 4 (Lelmokwo)/24 in accordance with the judgment delivered on 30th June 2022.
- The County Police Commander Uasin Gishu County and the OCS Naiberi Police Station are to provide security during the eviction.
Full Case Text
Judgment text and source record
26 paragraphs
Choge & 2 others v Kirwa & another (Environment & Land Case 93 of 2014) [2024] KEELC 6418 (KLR) (3 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6418 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment & Land Case 93 of 2014
EO Obaga, J
October 3, 2024
Between
Abraham Kiprop Choge
1st Plaintiff
Nelson Kipyego Choge
2nd Plaintiff
Elphas Kipshirchir Choge
3rd Plaintiff
and
Thomas Kirwa
1st Defendant
Abraham Rotich
2nd Defendant
Ruling
1. This is a ruling in respect of a Notice of motion dated 24. 6.2024 in which the Applicant seeks the following orders:-1. Spent.2. That the Honourable court be pleased to issue an order directing that the Defendant/Respondents jointly and severally, their agents and/or servants, their property including crops be evicted and/or removed from Land Reference number Plateau/Kipkabus Block 4 (Lelmokwo)/24 in accordance with the Judgement delivered in court on 30th June, 2022. 3.That the County Police Commander Uasin Gishu County and the OCS Naiberi Police Station be ordered to provide security during the eviction.4. That the firm of Eshikoni Auctioneers of P.O. Box 8441-30100 Eldoret be ordered to execute the order of eviction.5. That the process of eviction be carried in a humane manner.6. That the costs of the application be provided for.
2. The Applicants contend that in a judgement delivered on 30. 6.2022, this court directed that the Applicants were the lawful owners of LR. No. Plateau/Kipkabus Block 4 (Lelmokowo)/24 (suit property). The Respondents were asked to vacate the suit property. Warrants for their removal were duly served upon them but they did not move out.
3. The Respondents moved to the Court of Appeal and filed an application for leave to appeal against the judgement of 30. 6.2022. Their application was dismissed by the Court of Appeal. They then came back and ploughed the suit property and planted.
4. The Applicants now want Police assistance to evict the Respondents. The Respondents did not file any response to the Applicants’ application.
5. There is no doubt that the Applicants have a judgement in their favour. The attempt by the Respondents to have leave to appeal against the judgement was stopped upon dismissal of their application for leave to appeal. This being the case, the judgement of 30. 6.2022 stands and the Respondents have no business remaining on the suit property or even planting crops thereon. I therefore allow the Applicants’ application dated 24. 6.2024 in its entirety.It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 3RD DAY OF OCTOBER, 2024. E. O. OBAGAJUDGEIn the virtual presence of;Mr. Murgor for Plaintiff/Applicant.Mr. Keter for Defendant.Court Assistant –LabanE. O. OBAGAJUDGE3RD OCTOBER, 2024