[2013] KEHC 4485 (KLR)
The court held that the assignment of a decree for eviction to a third party purchaser is not permissible under Kenyan law. Only the original decree-holder may apply for eviction orders, regardless of any subsequent sale of the land. The applicant, not being the decree-holder, lacks locus standi to seek execution of...
Source-derived case information.
- Citation
- [2013] KEHC 4485 (KLR)
- Parties
- Plaintiff: Delamere Estate Ltd; Defendant: Ndungu Njai & 42 Others; Applicant: Quadco Eighty Five Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 119 of 2012
- Procedural Posture
- Environment and Land Case / Post Judgment Application for Execution/assignment of Decree
- Outcome
- Application dismissed.
- Judges
- L Waithaka
- Legal Topics
- Adverse Possession, Eviction Orders, Assignment of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Delamere Estate Ltd
Plaintiff
Ndungu Njai & 42 Others
Defendant
Quadco Eighty Five Limited
Applicant
Procedural Posture
Environment and Land Case / Post Judgment Application for Execution/assignment of Decree
Legal Issues
- 1 Whether a decree for eviction can be assigned by the decree-holder to a third party purchaser.
- 2 Whether the applicant, as purchaser, can apply for eviction orders against the defendants.
Ratio Decidendi
The court held that the assignment of a decree for eviction to a third party purchaser is not permissible under Kenyan law. Only the original decree-holder may apply for eviction orders, regardless of any subsequent sale of the land. The applicant, not being the decree-holder, lacks locus standi to seek execution of the decree. The proper procedure is for the decree-holder to apply for eviction, after which the purchaser may take possession upon successful execution.
Court Disposition
Application dismissed.
Orders
- The application by Quadco Eighty Five Limited to enforce the decree is dismissed.
- Only the decree-holder may apply for eviction orders against the defendants.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
Environmental & Land Case 119 of 2012 [if gte mso 9]><xml>
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DELAMERE ESTATE LTD....................................PLAINTIFF
VERSUS
NDUNGU NJAI & 42 OTHERS.....................DEFENDANTS
AND
QUADCO EIGHTY FIVE LIMINTED.................APPLICANT
RULING
In this matter judgment was delivered by Musinga J. on 14/2/2006 that the Defendants had no right to adverse possession and were therefore trespassers. They were to vacate the Land within 10 days or be evicted.
I have noted from the application dated 3rd October 2012 that the plaintiff has written a letter dated 25th May 2012 authorizing Quadco Eight five Limited and assigning then rights to the decree granted in the above mentioned suit.
It is however not possible to assign a decree to another party. What the plaintiff should do even if they have since sold the land is to apply to court for eviction orders against the Defendants. This cannot be done by the new purchasers.
Dated and delivered this 15th Day of March 2013.
L N WAITHAKA
JUDGE
Present
Mr Aboge forApplicants
N/A for Defendants.
L N WAITHAKA
JUDGE
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