[2020] KEELC 2760 (KLR)
The court found that the orders for injunction and vacant possession had already been granted in the main judgment, rendering the current application for similar reliefs superfluous. The court emphasized that enforcement of such orders should be conducted by accredited court bailiffs or auctioneers, who may then...
Source-derived case information.
- Citation
- [2020] KEELC 2760 (KLR)
- Parties
- Plaintiff: Delamier Wamboga Wambogo; Defendant: Ananstansia Aluoch Anino; Defendant: Okelo Anino; Defendant: Margaret Eandala Amanja; Defendant: Abale Owiti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 832 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Enforcement Application
- Outcome
- application dismissed
- Judges
- TM Olando
- Legal Topics
- Vacant Possession, Eviction, Permanent Injunction, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Delamier Wamboga Wambogo
Plaintiff
Ananstansia Aluoch Anino
Defendant
Okelo Anino
Defendant
Margaret Eandala Amanja
Defendant
Abale Owiti
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the respondents should be ordered to give vacant possession of the suit properties to the applicant.
- 2 Whether a permanent injunction should issue against the respondents from interfering with the applicant's rights over the suit properties.
- 3 Whether the Officer Commanding Station (OCS) Yala Police Station should be directed to enforce compliance with the court orders.
Ratio Decidendi
The court found that the orders for injunction and vacant possession had already been granted in the main judgment, rendering the current application for similar reliefs superfluous. The court emphasized that enforcement of such orders should be conducted by accredited court bailiffs or auctioneers, who may then seek security from the police through a court order. The court dismissed the application, holding that direct involvement of the police in enforcing court orders without proper procedure is improper and open to abuse. The applicant was directed to follow the correct enforcement process by instructing auctioneers or bailiffs and then seeking police security through the court if...
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant is ordered to engage accredited court bailiffs or auctioneers for enforcement.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC 832 OF 2015
DELAMIER WAMBOGA WAMBOGO..........................PLAINTIFF
VERSUS
ANANSTANSIA ALUOCH ANINO........................1ST DEFENDANT
OKELO ANINO........................................................2ND DEFENDANT
MARGARET EANDALA AMANJA......................3RD DEFENDANT
ABALE OWITI........................................................4TH DEFENDANT
RULING
The Decree holder/applicant prays that the Respondents be ordered to give vacant possessions of Land Parcels Numbers NORTH GEM/MALUNGA/1308, 1297 and 1294 to the Applicant within 14 days from the date of this order failing which the Respondents be evicted therefrom.
An order of permanent injunction against the Respondents whether by themselves, servants, Agents, Employees/Workers or any other persons acting on their behalf from interfering with the Applicant’s right of share, ownership, possession, enjoyment and/or in any way of/in the Land Parcel Numbers NORTH GEM/MALUNGA/1308, 1297 AND 1294 and from encroaching into the said lands. The Officer Commanding Station, Yala Police Station, be directed to oversee and enforce compliance with these orders. The costs of this application be borne by the respondents.
The application is based on grounds that judgment was delivered on 3rd April 2019 by Hon. S. M. Kibunja .J. for compliance within ninety (90) days from the date of judgment which is o-date defaulted by the Respondents.
The Respondents have refused and/or neglect to vacate the suit-lands and continued to occupy the same as trespassers. The respondents have not APPEALED against the judgments as were delivered. The Applicant has complied with the law and is entitled to the orders sought herein. The supporting affidavit reiterates the grounds of the application.
I have considered the application and do find that the prayer for an injunction is superfluous as it has already been granted. Moreover, there is already an order for vacant possession and eviction. The order requesting the OCS Yala Police station to intervene and oversee the enforcement of the order is likely to be abused if the applicant does not instruct an auctioneer. The applicant is hereby ordered to engage credited court bailiffs or auctioneers who will seek for an order of security by the OCS Yala Police Station from this court. The auctioneers should be instructed by the advocates first and later should seek an order for security from this court. Parties should desist from using the Police to enforce court orders. Police should only give security to those who enforce court orders. Application is dismissed. Orders accordingly.
DATED , DELIVERED and SIGNED THIS 8th DAY OFMAY, 2020.
A.O. OMBWAYO
ENVIRONMENT & LAND
JUDGE
This judgment is hereby delivered to the parties by electronic mail due to the measures restricting court operations due to COVID -19 pandemic and in light of directions issued by the Honourable Chief Justice on 15TH March 2019 and with the consent of the parties.
A.O. OMBWAYO
ENVIRONMENT & LAND
JUDGE