[2020] KEELC 904 (KLR)
The court found that the applicants had obtained a valid eviction decree against the respondent, who was given three months to comply but failed to deliver vacant possession. There was no evidence of a stay of execution in place. The court emphasized that court orders must be obeyed and, in the absence of a stay,...
Source-derived case information.
- Citation
- [2020] KEELC 904 (KLR)
- Parties
- Respondent: David Ananda Okumu; Applicant: Geoffrey Evans Omwalo; Applicant: Nancy Benta Okutoyi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 195 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Police Security During Execution of Eviction Decree
- Outcome
- application granted
- Judges
- NA Matheka
- Legal Topics
- Eviction Orders, Execution of Decrees, Vacant Possession, Police Assistance, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ananda Okumu
Respondent
Geoffrey Evans Omwalo
Applicant
Nancy Benta Okutoyi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Police Security During Execution of Eviction Decree
Legal Issues
- 1 Whether the applicants are entitled to police security during execution of the eviction decree.
- 2 Whether the respondent has failed to comply with the eviction order and deliver vacant possession.
- 3 Whether the application for police assistance should be granted in the absence of a stay.
Ratio Decidendi
The court found that the applicants had obtained a valid eviction decree against the respondent, who was given three months to comply but failed to deliver vacant possession. There was no evidence of a stay of execution in place. The court emphasized that court orders must be obeyed and, in the absence of a stay, the applicants were entitled to execute the decree. The need for police security was justified to prevent breach of peace during execution. Consequently, the application for police assistance was merited and granted as prayed.
Court Disposition
application granted
Orders
- The officer commanding Musanda Police Station is directed to provide security during the execution of the decree issued against the respondent.
- Costs to be provided for.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KAKAMEGA
ELC CASE NO. 195 OF 2015
DAVID ANANDA OKUMU.....................................................PLAINTIFF/RESPONDENT
VERSUS
GEOFFREY EVANS OMWALO
NANCY BENTA OKUTOYI.................................................DEFENDANTS/APPLICANTS
RULING
The application is dated 14th August 2020 and is brought under Section 3A of the Civil Procedure Act orders:-
1. That the officer commanding Musanda Police Station be directed to provide security during the execution of the decree issued herein against the respondent herein.
2. That costs be provided for.
It is based on the grounds that the applicant herein obtained a decree for eviction order dated 31st day of May, 2018 against the respondent herein who were given three (3) months to abide by the order. That the respondent has neglected and/or refused to move and deliver up vacant possession of the L.R. S. Wanga/Musanda/8. That security is needed during the execution of the said decree so as to avoid breach of peace.
The respondent submitted that he has never been served with any order to evict him from the said parcel of land S. Wanga/Musanda/8. That the judgment was issued on 31st May, 2018 against the respondent herein. That he is the respondent and a grandson to the deceased namely Alfred Wandanda Wang’anya. That he filed an application for summons for revocation of grant on Kakamega Succession Case No. 43 of 2006 dated 20th July, 2018 and filed on 31st July, 2018. That the notice of motion filed before this court lacks merit and the same should be dismissed with costs to the respondent. That it is the interest of justice, be fairness and objective of the law that the orders sort in the notice of motion be dismissed with costs to the respondent.
This court has considered the application and the submissions therein. I have perused the court file and find that the applicant herein obtained a decree for eviction order dated 31st day of May, 2018 against the respondent herein who were given three (3) months to abide by the order. The applicants submit that the respondent has neglected and/or refused to move and deliver up vacant possession of the L.R. S. Wanga/Musanda/8. There is no stay in this matter and court orders must be obeyed. I find that this application is merited and I grant it as prayed.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 28TH OCTOBER 2020.
N.A. MATHEKA
JUDGE