[2020] KEELC 338 (KLR)
The court found that the application for review was justified because the original order directed security provision to the O.C.P.D Meru, who lacked territorial jurisdiction over the suit land in Ruiga area, Meru Sub-County. Since the O.C.P.D Meru declined to act outside his area of command, and the Sub County...
Source-derived case information.
- Citation
- [2020] KEELC 338 (KLR)
- Parties
- Plaintiff: John Muriungi Mugwika; Defendant: Charity Mpinda M’Mugwika
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 26 of 2013
- Procedural Posture
- Review Application / Ruling on Application for Review of Execution Order
- Outcome
- application allowed
- Legal Topics
- Execution of Judgment, Territorial Jurisdiction, Police Security in Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muriungi Mugwika
Plaintiff
Charity Mpinda M’Mugwika
Defendant
Procedural Posture
Review Application / Ruling on Application for Review of Execution Order
Legal Issues
- 1 Whether the order for police security in execution should be reviewed to substitute the O.C.P.D Meru with the Sub County Police Commander Imenti Central.
- 2 Whether the court should give effect to its earlier judgment and execution orders by amending the security provision.
Ratio Decidendi
The court found that the application for review was justified because the original order directed security provision to the O.C.P.D Meru, who lacked territorial jurisdiction over the suit land in Ruiga area, Meru Sub-County. Since the O.C.P.D Meru declined to act outside his area of command, and the Sub County Police Commander Imenti Central has jurisdiction over the location of the suit land, the court held that substituting the police authority was necessary to give effect to the judgment and facilitate lawful execution. The application was therefore allowed to ensure the judgment could be executed without administrative hindrance.
Court Disposition
application allowed
Orders
- The application dated 22.9.2020 is allowed.
- The Sub County Police Commander Imenti Central shall provide security to Clear Real Auctioneers for execution instead of the O.C.P.D Meru.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 26 OF 2013
JOHN MURIUNGI MUGWIKA............................................PLAINTIFF
VERSUS
CHARITY MPINDA M’MUGWIKA.........DEFENDANT/RESPONDENT
RULING
1. The plaintiff has filed the application dated 22. 9.2020 (filed on 24. 9.2020) seeking orders to review the order given on 20. 5.2020 and have the sub county police commander Imenti Central give security to clear real Auctioneers instead of the O.C.P.D Meru. He contends that the suit-land is in Ruiga area of Meru Sub-County outside the territorial jurisdiction of the OCPD Meru who is in Imenti North Sub -County. He avers that the OCPD Meru had declined to grant security outside his area of command.
2. Having allowed the earlier application dated 19. 9.2019 to provide the applicant with security in execution of the judgment herein, then I find that the current application is merely meant to give effect to the said judgment as well as the order of 20. 5.2020. In the circumstances, the application dated 22. 9.2020 is allowed with no orders as to costs. File closed.
DATED, SIGNED AND DELIVERED AT MERU THIS14THDAY OFDECEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this ruling was given via a notice dated 7. 12. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE