[2015] KEHC 1249 (KLR)
The court found that the application had merit as it sought to implement a judgment previously delivered by the court. To give effect to its decision and ensure compliance, the court exercised its inherent jurisdiction under Sections 3 and 3A of the Civil Procedure Act to order the District Land Adjudication...
Source-derived case information.
- Citation
- [2015] KEHC 1249 (KLR)
- Parties
- Plaintiff: Evangeline Mwendwa; Defendant: Ambrose Kaumbuthu; Defendant: Latani Tharichia; Defendant: Cyprian M'Lithumai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 292 of 2013
- Procedural Posture
- Miscellaneous Application / Post Judgment Enforcement Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Boundary Disputes, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evangeline Mwendwa
Plaintiff
Ambrose Kaumbuthu
Defendant
Latani Tharichia
Defendant
Cyprian M'Lithumai
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should order the District Land Adjudication Officer to show the applicant the boundaries of the disputed land parcel on the ground.
- 2 Whether the court should grant enforcement orders to implement its previous judgment.
Ratio Decidendi
The court found that the application had merit as it sought to implement a judgment previously delivered by the court. To give effect to its decision and ensure compliance, the court exercised its inherent jurisdiction under Sections 3 and 3A of the Civil Procedure Act to order the District Land Adjudication Officer, Tigania East District, to physically show the applicant the boundaries of Land Parcel No. ATHING'A/ATHANJA/6903, with the security of the Officer Commanding Station, Muthara Police Station. The court considered that such an order was necessary to enforce its judgment and maintain peace on the ground. Costs were awarded to the plaintiff as the successful party.
Court Disposition
application allowed
Orders
- The District Land Adjudication Officer, Tigania East District, is ordered and directed to show the applicant on the ground the boundaries of Land Parcel No. ATHING'A/ATHANJA/6903, Athing'a Athanja Land Adjudication Section, under the security of the Officer Commanding Station Muthara Police Station.
- Costs of the application are awarded to the plaintiff.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC CASE NO. 292 OF 2013
EVANGELINE MWENDWA................................................PLAINTIFF
VERSUS
AMBROSE KAUMBUTHU....................................1ST DEFENDANT
LATANI THARICHIA..............................................2ND DEFENDANT
CYPRIAN M'LITHUMAI........................................3RD DEFENDANT
R U L I N G
This application is brought to Court under Sections 3 and 3A of the Civil Procedure Rules. It is dated 17. 9.2015 and seeks orders:
1. THAT this Honourable court do order and direct the District Land Adjudication Officer, Tigania East District to show the Applicant on the ground the boundaries of land Parcel No. ATHING'A/ATHANJA/6903 Athing'a Athanja Land Adjudication Section under the security of the Officer Commanding Station Muthara Police Station.
2. THAT this Honourable court do issue such further or better orders as will meet the ends of justice.
3. THAT the cost of this application be provided for.
The application seeks to have the judgement delivered by this Court on 24. 9.2014 implemented. I find that the application has merit. Prayer 1 is granted to the effect: I issue an order and direct theDistrict Land Adjudicaiton Officer, Tigania East Distric to show the Applicant on the ground the boundarie sof Land Parcel No. ATHINGA/ATHANJA/69003 Athinga Athanja Land Ajudication Section Under the Security of the OCS Muthara Police Station.
Costs are awarded to the plaintff.
It is so ordered.
Delivered in Open Court at Meru this 11th day of November, 2015 in the presence of:
Cc. Daniel/Lilian
Mutegi for the Plaintiff
P. M. NJOROGE
JUDGE