[2015] KEHC 1213 (KLR)
The court found that the application to implement the judgment delivered on 24.9.2014 had merit. It held that it was just and necessary to direct the District Land Adjudication Officer, Tigania East District, to show the applicant the boundaries of land parcel ATHING'A/ATHANJA/6903 on the ground, with the security...
Source-derived case information.
- Citation
- [2015] KEHC 1213 (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 / Ruling on Post Judgment Application for Implementation
- Outcome
- application granted
- 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 / Ruling on Post Judgment Application for Implementation
Legal Issues
- 1 Whether the court should order the District Land Adjudication Officer to physically show the applicant the boundaries of the disputed land parcel.
- 2 Whether the implementation of the previous judgment requires police security during boundary identification.
- 3 Whether the plaintiff is entitled to costs of the application.
Ratio Decidendi
The court found that the application to implement the judgment delivered on 24.9.2014 had merit. It held that it was just and necessary to direct the District Land Adjudication Officer, Tigania East District, to show the applicant the boundaries of land parcel ATHING'A/ATHANJA/6903 on the ground, with the security of the Officer Commanding Station Muthara Police Station. The court exercised its inherent jurisdiction under Sections 3 and 3A of the Civil Procedure Act to ensure the effective enforcement of its judgment and to prevent any breach of peace during the boundary identification process. The court further awarded costs to the plaintiff, reinforcing the principle that successful...
Court Disposition
application granted
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 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:
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.
THAT this Honourable court do issue such further or better orders as will meet the ends of justice.
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 the District Land Adjudicaiton Officer, Tigania East District to show the Applicant on the ground the boundaries of Land Parcel No. ATHINGA/ATHANJA/6903 Athinga Athanja Land Adjudication Section Under the Security of the OCS Muthara Police Station.
Costs are awarded to the plaintiff.
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