Kenya Judgment

Environment and Land Court · Environment and Land Court at Chuka

Gilbert Gitari Bore & Omari Marijan Omari v Kenya Urban Roads Authority, Administrator – Chuka Township, County Government of Tharaka Nithi & Hyper Constructions & Equipment Company Ltd [2021] KEELC 2863 (KLR)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that since the judgment delivered on 13th October, 2020 had not been appealed against or set aside, the plaintiffs were entitled to execute it. Furthermore, as the 2nd and 3rd defendants had, by consent with the plaintiffs, been removed from the suit, costs would only be payable by the 1st and 4th defendants. The court thus granted liberty to the plaintiffs to execute the judgment and awarded costs against the 1st and 4th defendants only.

Court disposition

Plaintiffs granted liberty to execute judgment; costs awarded against 1st and 4th defendants only.

Orders

  • The plaintiffs are at liberty to execute the Judgment delivered on 13th October, 2020 as it has not been appealed against or set aside.
  • Costs are awarded to the plaintiffs against the 1st and 4th defendants.

02

Material facts

Parties

Gilbert Gitari Bore

Plaintiff

Omari Marijan Omari

Plaintiff

Kenya Urban Roads Authority

Defendant Counsel: Kiongo

The Administrator – Chuka Township

Defendant

The County Government of Tharaka Nithi

Defendant

Hyper Constructions & Equipment Company Ltd

Defendant

03

Procedural history

  1. Posture

    Land and Environment Case / Post Judgment Ruling on Execution and Costs

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiffs, through counsel, argued that since the 2nd and 3rd defendants had withdrawn from the suit by consent, the plaintiffs should be allowed to execute the judgment against the remaining defendants. They further submitted that the judgment had not been appealed or set aside, and thus execution should proceed.
Respondent
The 1st defendant, represented by the Attorney General, had been granted time to file an application to set aside the judgment but failed to do so within the stipulated period. No substantive argument against execution was presented at this stage.

05

Court’s reasoning

  1. 01

    Civil Procedure Act (Cap 21), Section 34

    A judgment that has not been appealed or set aside is enforceable by the successful party.

  2. 02

    Civil Procedure Act (Cap 21), Section 27

    Costs follow the event and are awarded against parties remaining in the suit unless otherwise ordered by consent.

06

Ratio, limits and disposition

Ratio decidendi

The court held that since the judgment delivered on 13th October, 2020 had not been appealed against or set aside, the plaintiffs were entitled to execute it. Furthermore, as the 2nd and 3rd defendants had, by consent with the plaintiffs, been removed from the suit, costs would only be payable by the 1st and 4th defendants. The court thus granted liberty to the plaintiffs to execute the judgment and awarded costs against the 1st and 4th defendants only.

Court disposition

Plaintiffs granted liberty to execute judgment; costs awarded against 1st and 4th defendants only.

  • The plaintiffs are at liberty to execute the Judgment delivered on 13th October, 2020 as it has not been appealed against or set aside.
  • Costs are awarded to the plaintiffs against the 1st and 4th defendants.

Source and reliance status

Environment and Land Court

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Environment and Land Court

Judgment

[2021] KEELC 2863 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO. 1 OF 2020

GILBERT GITARI BORE........................................................1ST PLAINTIFF

OMARI MARIJAN OMARI...................................................2ND PLAINTIFF

VERSUS

KENYA URBAN ROADS AUTHORITY..............................1ST DEFENDANT

THE ADMINISTRATOR – CHUKA TOWNSHIP...............2ND DEFENDANT

THE COUNTY GOVERNMENT OF THARAKA NITHI.....3RD DEFENDANT

HYPER CONSTRUCTIONS & EQUIPMENT

COMPANY LTD .................................................................4TH DEFENDANT

RULING

1. This matter came up for mention on 31st May, 2021 to confirm if or if not the AG had filed an application to set aside the Judgment delivered by the court on 13th October, 2020. On 12. 5.2021, Mr. Kiongo, for the AG was granted 14 days to file the intended application.

2. Upon expiration of the 14 days granted to the AG, on 31st May, 2021, Ms. Mbogo asked the court to allow the plaintiffs to execute their Judgment. She said that as the 2nd and 3rd defendants with the consent of the Plaintiffs had pulled out of the case, the plaintiffs should be at liberty to execute this court’s Judgment delivered on 13th October, 2020.

3. I do note that the Judgment delivered on 13th October, 2020 awarded costs to the plaintiffs against the defendants. However, as by consent the plaintiffs and the 2nd and 3rd defendants allowed the 2nd and 3rd defendants to be removed from the suit, costs will only be payable by the 1st and 4th defendants.

4. In the circumstances, the following orders are issued:

a) The plaintiffs are at liberty to execute the Judgment delivered on 13th October, 2020 as it has not been appealed against or set aside.

b) Costs are awarded to the plaintiffs against the 1st and 4th defendants.

DELIVERED IN OPEN COURT AT CHUKA THIS 16TH DAY OF JUNE, 2021 IN THE PRESENCE OF:

CA: Ndegwa

Kiongo for AG for 1st defendant.

P. M. NJOROGE,

JUDGE.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Civil Procedure Act (Cap 21), Section 34

Legislation

Legislation referenced in the available case record.

Civil Procedure Act (Cap 21), Section 27

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.