[2024] KEELC 4811 (KLR)
The court found that the orders sought in the application were for the purpose of enforcing a prior unopposed judgment, which had established that there was no ownership dispute regarding the suit property. The court determined that it was proper to allow the subdivision of the property in strict accordance with the...
Source-derived case information.
- Citation
- [2024] KEELC 4811 (KLR)
- Parties
- Plaintiff: Betty Jumwa Jefwa; Defendant: Katana Iha & 26 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 55 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Post Judgment Enforcement Application
- Outcome
- Application allowed; orders granted as prayed.
- Judges
- FM Njoroge
- Legal Topics
- Land Subdivision, Enforcement of Judgment, Court Orders, Security for Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Betty Jumwa Jefwa
Plaintiff
Katana Iha & 26 others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should grant leave for a licensed surveyor to conduct subdivision of PLOT NO. 129 Mambrui as per the judgment.
- 2 Whether the Officer Commanding Station, Gongoni, should be directed to provide security during the subdivision exercise.
Ratio Decidendi
The court found that the orders sought in the application were for the purpose of enforcing a prior unopposed judgment, which had established that there was no ownership dispute regarding the suit property. The court determined that it was proper to allow the subdivision of the property in strict accordance with the judgment to bring the dispute to closure. The court further found it appropriate to direct the Officer Commanding Station, Gongoni, to provide security during the subdivision exercise to ensure the process is conducted smoothly and without interference. Accordingly, the court granted the prayers sought in the application to facilitate the enforcement of its judgment.
Court Disposition
Application allowed; orders granted as prayed.
Orders
- Elphas Achndu, licensed Land Surveyor T/A Nadir Survey & Consultants, is allowed to conduct the subdivision on PLOT NO. 129 Mambrui as directed by the court on 24th March 2023.
- The Officer Commanding Station (O.C.S) Gongoni shall provide security until the subdivision exercise is over.
Full Case Text
Judgment text and source record
18 paragraphs
Jefwa v Iha & 26 others (Environment & Land Case 55 of 2018) [2024] KEELC 4811 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEELC 4811 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 55 of 2018
FM Njoroge, J
June 13, 2024
Between
Betty Jumwa Jefwa
Plaintiff
and
Katana Iha & 26 others
Defendant
Ruling
1. This ruling is in respect of the Notice of Motion Application dated 15th April, 2024 filed by Counsel for the Applicant and is expressed to be brought under Section 1A and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules 2010, which seeks the following orders:1. Elphas Achndu licensed Land Surveyor T/A Nadir Survey & Consultants be allowed to conduct the sub division on PLOT NO. 129 Mambrui as directed by the Honourable Court on 24th March 2023. 2.The Officer Commanding Station (O.C.S) Gongoni be directed to superintend over the exercise.3. Costs be provided for.
2. I have considered the application. It is unopposed. The original suit it emanates from was also unopposed. Judgment was delivered on 24/3/23. The court noted in the judgment that the record shows that there is no ownership dispute and that at one point the Member of the County Assembly for the area had attempted to fundraise to help the defendants with the subdivision to no avail.
3. The orders sought are for the purpose of enforcing that judgment. It is proper that the suit property be subdivided strictly in accordance with the judgment in order to bring this dispute to closure. I therefore grant Prayer No 1 of the application dated 15/5/2024. Regarding Prayer, no 2 thereof, I hereby order that the Officer Commanding station, Gongoni shall provide security until the subdivision exercise is over.
RULING DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 13TH DAY OF JUNE, 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI.