[2017] KEELC 2149 (KLR)
The court found that the applicant had obtained a judgment and decree in her favour, but execution was frustrated because the police could not identify the boundaries of the suit land. The District Land Surveyor and Land Registrar declined to assist without a court order. The court held that it is within its powers...
Source-derived case information.
- Citation
- [2017] KEELC 2149 (KLR)
- Parties
- Plaintiff: Evangeline Mwendwa; Defendant: Ambrose Kaumbuthu; Defendant: Latani Tharichia; Defendant: Cyprian M'Lithumai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 292 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Execution Assistance
- Outcome
- application allowed
- Legal Topics
- Boundary Demarcation, Execution of Decree, Land Adjudication, Court Orders Enforcement
- 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 Execution Assistance
Legal Issues
- 1 Whether the court should order the District Land Surveyor and Land Registrar to demarcate the boundaries of the suit land for execution of the decree.
- 2 Whether the plaintiff is entitled to assistance from the police and land officials in enforcing the court's judgment.
Ratio Decidendi
The court found that the applicant had obtained a judgment and decree in her favour, but execution was frustrated because the police could not identify the boundaries of the suit land. The District Land Surveyor and Land Registrar declined to assist without a court order. The court held that it is within its powers to issue orders necessary to give effect to its judgment, including directing public officers to facilitate execution. The application was therefore merited and allowed, with the plaintiff to bear the costs of implementation.
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 on the ground the boundaries of land parcel No. Athing'a/Athanja/6903 under the security of the Officer Commanding Station Tigania Police Station.
- The plaintiff is to meet the costs appertaining to the implementation of the court order.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT 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
1. The ruling is in respect of the application dated 21:11:16. The same 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 Honorable 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. There is also Supporting Affidavit of one Evangeline Mwendwa , where she states:-
1. That she is the Applicant/Plaintiff herein hence competent to make and swear this affidavit
2. That Judgment was issued in her favour by this Honourable Court on 24th September, 2014 and a decree issued on 13th November, 2014 as per copy of the decree.
3. That the notice of entry of judgment was served upon defendants.
4. That the decree was also served upon the O.C.S. Tigania Police Station but he could not evict the Defendant's as he was not able to ascertain the exact location and boundaries of the suitland.
5. That upon visiting the District Surveyor , Meru North (Nyambene) and the Land Registrar's office for purposes of showing them the boundaries, the officer indicated that he could not do so unless ordered by the Court.
6. That she prays that the District Lands Surveyor Meru North District be directed and ordered to show her and the O.C.S Tigania Police Station the exact location and boundaries of Land Parcel No. Athing'a /Athanja/6903 Adjudication Section for purposes of executing the decree dated 13th November, 2014 .
3. The application is almost similar to an earlier one of 17/09/15. In the present application, Applicant wants the land surveyor and Land Registrar to be the implementing Officers. I find that the application is merited. The application is allowed but plaintiff is to meet the costs appertaining to the implementation of the Court Order.
DELIVERED, DATED AND SIGNED AT MERU THIS 12TH DAY OF JULY, 2017
IN THE PRESENCE OF:
C:A Janet
All parties absent
HON. L. N. MBUGUA
ELC JUDGE