[2021] KEELC 1048 (KLR)
The court found that the plaintiff, having obtained judgment declaring him the bona fide owner of the suit property and a permanent injunction against the defendants, was entitled to enjoy the fruits of that judgment. The continued interference and risk of obstruction by the defendants or their agents justified the...
Source-derived case information.
- Citation
- [2021] KEELC 1048 (KLR)
- Parties
- Plaintiff: Hamidu Moses Mruttu; Defendant: Zacharia Muhindi Kibanga; Defendant: Mzungu Shabani Lukwaru; Defendant: Dickson Gitonga Naftaly; Defendant: Arthurson Mungela; Defendant: Geomeasure Surveyors Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 3 of 2013
- Procedural Posture
- Civil Suit / Ruling on Post Judgment Application for Police Protection
- Outcome
- Application allowed.
- Legal Topics
- Enforcement of Judgment, Injunctive Relief, Police Protection, Proprietary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamidu Moses Mruttu
Plaintiff
Zacharia Muhindi Kibanga
Defendant
Mzungu Shabani Lukwaru
Defendant
Dickson Gitonga Naftaly
Defendant
Arthurson Mungela
Defendant
Geomeasure Surveyors Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Post Judgment Application for Police Protection
Legal Issues
- 1 Whether the plaintiff is entitled to police protection to enforce the judgment and secure his proprietary rights over the suit property.
- 2 Whether the law firm of M/s John Bwire & Company Advocates should be granted leave to come on record for the plaintiff.
Ratio Decidendi
The court found that the plaintiff, having obtained judgment declaring him the bona fide owner of the suit property and a permanent injunction against the defendants, was entitled to enjoy the fruits of that judgment. The continued interference and risk of obstruction by the defendants or their agents justified the need for police protection. The court exercised its discretion to grant an order directing the Officer Commanding Police Station (OCS) Taveta to provide security and protection to the plaintiff and his workers during the construction of a perimeter wall on the suit property, thereby safeguarding the plaintiff's proprietary rights and ensuring effective enforcement of the...
Court Disposition
Application allowed.
Orders
- Leave is granted to M/s John Bwire & Company Advocates to come on record for the plaintiff.
- The Officer Commanding Police Station (OCS) Taveta Police Station is directed to provide security and protection to the plaintiff and his workers during the construction/development of a perimeter wall on Plot No. 34296/IV-Taveta.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 3 OF 2013
HAMIDU MOSES MRUTTU.................................................PLAINTIFF
VERSUS
ZACHARIA MUHINDI KIBANGA & 4 OTHERS ...... DEFENDANTS
RULING
(Application by the successful plaintiff seeking orders for police protection to erect a wall around the suit premises; judgment already entered for the plaintiff declaring him owner of the suit land; plaintiff claiming continued interference from the defendants hence need for police protection; application allowed)
1. The application before me is that dated 11 February 2021 filed by the plaintiff. The application first seeks that leave be granted to the law firm of M/s John Bwire & Company Advocates to come on record in this matter. The substantive prayer is that an order be issued directing the Officer Commanding Police Station (OCS) of Taveta Police Station to provide security and protection to the plaintiff and his workers during the construction/development of a perimeter wall on the Plot No. 34296/IV- Taveta (the suit property).
2. By way of background, the applicant filed this suit on 8 January 2017 originally against one defendant, S.M Rashid. The plaint was later amended on 5 June 2015, the effect of the amendment being to remove S.M Rashid from the suit and instead to have five new defendants being Zacharia Muhindi Kibanga, Mzungu Shabani Lukwaru, Dickson Gitonga Naftaly, Arthurson Mungela, and Geomeasure Surveyors Limited. In the amended, plaint, the applicant averred to be the owner of the suit property. He complained of interference from the defendants and he wished to have them permanently restrained from the suit land.
3. The defendants did not file any defence in the matter. The matter proceeded for hearing ex parte before Komingoi J, and judgment delivered on 13 June 2018. The court issued a declaration that the applicant is the bona fide owner of the suit property and also issued an order of permanent injunction against the defendants.
4. In this application, the applicant avers that he has served the judgment on the OCS Taveta and that he obtained the necessary approvals to construct a perimeter wall. On 4 February 2021, he was shocked to see a newly built temporary iron sheet structure on the suit property. He deposes that the defendant is a former county clerk and is influential in mobilising goons. He has stated that he has requested for police protection but they require an order to that effect.
5. The application is not opposed. On the first prayer to allow the law firm of M/s John Bwire & Associates to come on record for the applicant, I see no issue and allow it. On the prayer for police protection I also see no issue. There is already judgment delivered in favour of the plaintiff. It appears as if there are some persons who are keen to frustrate the applicant from benefitting from the fruits of his judgment. I therefore give the order for the OCS Taveta Police Station to provide protection to the applicant as necessary in order to protect his proprietary interest. This includes protection to erect a wall on the suit premises.
6. I make no order as to costs.
7. Orders accordingly.
DATED AND DELIVERED THIS 10TH DAY OF NOVEMBER 2021
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT MOMBASA