[2025] KEELC 4283 (KLR)

[2025] KEELC 4283 (KLR)

The court found that the applicant holds a valid and enforceable decree for possession of the suit property, which has not been set aside or stayed by any appellate court. The respondent's application for leave to appeal out of time had already been dismissed, and there was no pending appeal or stay order. The...

Source-derived case information.

Citation
[2025] KEELC 4283 (KLR)
Parties
Applicant: Mohamed Juma Dzimba; Respondent: Swaleh Abdalla Hassan
Court
Environment and Land Court
Court Station
Environment and Land Court at Mombasa
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Miscellaneous Application E093 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Eviction and Enforcement of Decree
Outcome
application allowed
Judges
YM Angima
Legal Topics
Eviction Proceedings, Enforcement of Decree, Contempt of Court, Possession Orders
Source Language
english
Land and Property Civil Procedure Eviction Proceedings Enforcement of Decree Contempt of Court Possession Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mohamed Juma Dzimba

Applicant

Swaleh Abdalla Hassan

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Eviction and Enforcement of Decree

Legal Issues

  1. 1 Whether the applicant is entitled to enforcement of the decree for possession and eviction of the respondent from Plot No. 9/XVI/31.
  2. 2 Whether the respondent's pending or intended appeal precludes the grant of eviction orders.
  3. 3 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the applicant holds a valid and enforceable decree for possession of the suit property, which has not been set aside or stayed by any appellate court. The respondent's application for leave to appeal out of time had already been dismissed, and there was no pending appeal or stay order. The respondent's continued occupation of the property was therefore unlawful. The court held that the applicant is entitled to enjoy the fruits of his judgment, including eviction of the respondent, and that there was no legitimate reason to delay enforcement. The court allowed the application for eviction, authorized the use of auctioneers and police assistance for enforcement, and...

Court Disposition

application allowed

Orders

  • The eviction notice dated 6th August 2024 is confirmed and the respondent is ordered to vacate and give possession of Plot No. 9/XVI/31.
  • Fantacy Auctioneers Mombasa are authorized to effect and execute the eviction order.