[2016] KEHC 805 (KLR)
The court found the application meritorious as it sought to facilitate the implementation of its earlier judgment, which had granted the plaintiff possession and protection over land parcel No. ATHING'A/ATHANJA/6903. The court held that it is within its powers to direct the District Land Surveyor and Land Registrar...
Source-derived case information.
- Citation
- [2016] KEHC 805 (KLR)
- Parties
- Plaintiff: Evangeline Mwenda; Defendant: Ambrose Kaumbuthu; Defendant: Latani Tharichia; Defendant: Cyprian M'Lithumai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Land Case 292 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Enforcement Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Land Boundaries, Enforcement of Judgment, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evangeline Mwenda
Plaintiff
Ambrose Kaumbuthu
Defendant
Latani Tharichia
Defendant
Cyprian M'Lithumai
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should order the District Land Surveyor and Land Registrar to show the applicant the boundaries of the disputed land parcel.
- 2 Whether the application facilitates the implementation of the court's previous judgment.
- 3 Whether costs should be awarded for this application.
Ratio Decidendi
The court found the application meritorious as it sought to facilitate the implementation of its earlier judgment, which had granted the plaintiff possession and protection over land parcel No. ATHING'A/ATHANJA/6903. The court held that it is within its powers to direct the District Land Surveyor and Land Registrar to show the applicant the boundaries of the land in question, under police security, to ensure the judgment is effectively enforced. The court further exercised its discretion not to award costs for this application.
Court Disposition
application allowed
Orders
- The District Land Surveyor, Meru North District (Nyambene) and the Land Registrar are ordered and directed to show the applicant, Evangeline Mwenda, on the ground the boundaries of land parcel No. ATHING'A/ATHANJA/6903, Athanja Land Adjudication Section under the security of the Officer Commanding Station Tigania...
- No costs are awarded.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND & ENVIRONMENT 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
1. This application is dated 21st November, 2016 and seeks orders:-
(1) THAT this honourable Court do order and direct the District Land Surveyor Meru North District (Nyambene) and the Land Registrar 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 Tigania Police Station.
(2) THAT this Honourable Court do issue such further or better orders as will meet the ends of justice.
(3) THAT the costs of this application be provided for.
2. This application seeks to facilitate the implementation of this Court's judgement delivered on 24th September, 2014, which granted the following orders:-
(1) An order that the Defendants, either by themselves, agents, family members and/or employees do vacate land parcel No. ATHING'A/ATHANJA/6903 and in default to be forcefully evicted with the assistance of the Officer Commanding Police Station (O.C.S ) Tigania Police Station.
(2) An order of permanent injunction do issue restraining the Defendants either by themselves, servants, agents, employees, successors in title or anybody else claiming at their behest from entering. Occupying , working, remaining or in any way interfering with the Plaintiff's agents, servants employees or successors in title user, occupation and/or enjoyment of land parcel No. ATHING'A/ATHANJA/6903 Athinga Athanja Land Adjudication Section.
(3) Mesne profits.
(4) Any further or better relief.
(5) Costs of the suit.
3. I find that the application is meritorious is, therefore allowed.
4. It is ordered as follows:-
1. The District Land Surveyor, Meru North District (Nyambene) and the Land Registrar whose jurisdiction covers the said area is ordered and directed to show the applicant, Evangeline Mwenda, on the ground the boundaries of land parcel No. ATHINGA/ATHANJA./6903, Athanja Land Adjudication Section under the security of the officer Commanding Station Tigania Police Station.
2. No costs are awarded.
3. Its is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 5TH DECEMBER, 2016 IN THE PRESENCE OF:-
C:A Daniel/James
P.M. NJOROGE
JUDGE