[2019] KEELC 3836 (KLR)
The court found that its earlier judgment entitled each party to two specific plots and that the decree required amendment for clarity and certainty. The Plaintiff was confirmed as entitled to Ruiru/Ruiru East/Block 7/81 and Ruiru/Ruiru East/Block 7/82, while the Defendant was to retain Ruiru/Ruiru East/Block 7/154...
Source-derived case information.
- Citation
- [2019] KEELC 3836 (KLR)
- Parties
- Plaintiff: Edith Matiba (Suing as legal representative to the Estate of Wamere Hellen Mwangi Dadet); Defendant: David Njogu Gachanja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 976 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Clarification and Amendment of Decree
- Outcome
- Application allowed in part; decree amended for clarity; each party to bear own costs.
- Judges
- AK Bor
- Legal Topics
- Allocation of Land Parcels, Compensation for Compulsory Acquisition, Clarification of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edith Matiba (Suing as legal representative to the Estate of Wamere Hellen Mwangi Dadet)
Plaintiff
David Njogu Gachanja
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Clarification and Amendment of Decree
Legal Issues
- 1 Whether the decree should be amended to specify the exact parcels of land each party is entitled to as per the judgment.
- 2 Whether the Plaintiff is entitled to compensation funds payable by the Kenya National Highways Authority for the specified plots.
Ratio Decidendi
The court found that its earlier judgment entitled each party to two specific plots and that the decree required amendment for clarity and certainty. The Plaintiff was confirmed as entitled to Ruiru/Ruiru East/Block 7/81 and Ruiru/Ruiru East/Block 7/82, while the Defendant was to retain Ruiru/Ruiru East/Block 7/154 and Ruiru/Ruiru East/Block 7/3. The court also recognized that any compensation payable by the Kenya National Highways Authority for the specified plots should follow the clarified entitlements. The application was allowed to the extent of amending the decree, with each party bearing its own costs.
Court Disposition
Application allowed in part; decree amended for clarity; each party to bear own costs.
Orders
- The decree is amended to specify that the Plaintiff is entitled to Ruiru/Ruiru East/Block 7/81 and Ruiru/Ruiru East/Block 7/82.
- The Defendant is to retain Ruiru/Ruiru East/Block 7/154 and Ruiru/Ruiru East/Block 7/3.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
E.L.C. CASE NO. 976 OF 2015
(FORMERLY HCCC NO. 2182 OF 1995)
EDITH MATIBA (Suing as legal representative to the Estate
of Wamere Hellen Mwangi Dadet)...................................PLAINTIFF
VERSUS
DAVID NJOGU GACHANJA.......................................DEFENDANT
RULING
Through the application dated 18/2/2019, the Plaintiff seeks an order that she is entitled to parcel numbers Ruiru/Ruiru East/Block 7/81 and Ruiru/Ruiru East/Block 7/82 and any funds payable by the Kenya National Highways Authority as compensation for the two plots. The application is made on the ground that this court delivered its judgement on 11/11/2018 in which it found that the Plaintiff was entitled to two plots of the suit land while the Defendant was entitled to retain the other two plots. The other ground cited is that the Defendant has entered into a sale transaction with a third party over one of the suit land being Ruiru/Ruiru East Block 7/3 and that there are significant developments on Ruiru/Ruiru East Block 7/154.
The court has looked at the supporting affidavit and considered the Replying Affidavit sworn by the Defendant on 18/3/2019 in which he admits at paragraph 10 that he wished to sell plot numbers Ruiru/Ruiru East Block 7/3, Ruiru/Ruiru East Block 7/81 and Ruiru/Ruiru East Block 7/82 to Viktah Maina and that the proposed purchaser for plot number Ruiru/Ruiru East/Block 7/154 had agreed to purchase this plot knowing the history of Varsityville and being aware of this suit.
The court has considered the application, together with the affidavits. The court has also looked at the judgement in which it found that the Plaintiff and the Defendant were each entitled to two plots. For clarity and certainty of the decree, the court directs that the decree will be amended to reflect that the Plaintiff is entitled to plot numbers Ruiru/Ruiru East/Block 7/81 and Ruiru/Ruiru East Block 7/82 while the Defendant will retain parcel numbers Ruiru/Ruiru East Block 7/154 and Ruiru/Ruiru East Block 7/3. Each party will bear its own costs of the application.
Dated and delivered at Nairobi this 28th day of March 2019.
K. BOR
JUDGE
In the presence of: -
Ms. E. Kitololo for the Plaintiff
Mr. V. Owuor- Court Assistant
No appearance for the Defendant