[2024] KEELC 5615 (KLR)
The court determined that the application for police assistance in execution of the decree is an execution matter, which by law and practice falls within the jurisdiction of the Deputy Registrar rather than the presiding judge. Accordingly, the court referred the matter to the Deputy Registrar for hearing and...
Source-derived case information.
- Citation
- [2024] KEELC 5615 (KLR)
- Parties
- Plaintiff: Jackson Kavila; Respondent: Wilson Mwambire; Respondent: Charles M Masaka; Respondent: Ngoloma Kakenyi; Respondent: Hutchison Shungula Kuzidio; Respondent: Mwanahamisi Nubi; Respondent: Loise Medsa; Respondent: John Mimwa; Respondent: Evalyne Matandi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 284 of 2009
- Procedural Posture
- Execution Application / Ruling on Application for Police Assistance in Execution
- Outcome
- Application referred to Deputy Registrar for hearing and determination.
- Judges
- NA Matheka
- Legal Topics
- Execution of Decree, Vacant Possession, Consent Orders, Eviction Procedure
- 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
Jackson Kavila
Plaintiff
Wilson Mwambire
Respondent
Charles M Masaka
Respondent
Ngoloma Kakenyi
Respondent
Hutchison Shungula Kuzidio
Respondent
Mwanahamisi Nubi
Respondent
Loise Medsa
Respondent
John Mimwa
Respondent
Evalyne Matandi
Respondent
Procedural Posture
Execution Application / Ruling on Application for Police Assistance in Execution
Legal Issues
- 1 Whether the application for police assistance in execution of the court decree should be granted.
- 2 Whether the matter should be heard by the Deputy Registrar or the presiding judge.
Ratio Decidendi
The court determined that the application for police assistance in execution of the decree is an execution matter, which by law and practice falls within the jurisdiction of the Deputy Registrar rather than the presiding judge. Accordingly, the court referred the matter to the Deputy Registrar for hearing and determination, declining to grant the substantive orders sought at this stage.
Court Disposition
Application referred to Deputy Registrar for hearing and determination.
Orders
- The application is referred to the Deputy Registrar for hearing and determination.
Full Case Text
Judgment text and source record
34 paragraphs
Kavila v Mwambire & 7 others (Sued as committee members of Vikwatani South Residential committee on behalf of all the members occupying parts of plot parcel Number 4391 (Original Number 4390/2 Section II/MN) (Environment & Land Case 284 of 2009) [2024] KEELC 5615 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5615 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment & Land Case 284 of 2009
NA Matheka, J
July 23, 2024
Between
Jackson Kavila
Plaintiff
and
Wilson Mwambire
1st Respondent
Charles M Masaka
2nd Respondent
Ngoloma Kakenyi
3rd Respondent
Hutchison Shungula Kuzidio
4th Respondent
Mwanahamisi Nubi
5th Respondent
Loise Medsa
6th Respondent
John Mimwa
7th Respondent
Evalyne Matandi
8th Respondent
Sued as committee members of Vikwatani South Residential committee on behalf of all the members occupying parts of plot parcel Number 4391 (Original Number 4390/2 Section II/MN
Ruling
1. The application is dated 6th September 2023 and is brought under Section 3A of the Civil Procedure Act, Cap 21 Laws of Kenya seeking the following orders;That this Honourable court be pleased to have the OCPD Bamburi Police Station provide security to the court Bailiff in enforcing the Court Decree dated 5th September, 2016. 1.That the costs of this application be provided for.
2. Which application is supported on the grounds that the Plaintiff filed this suit on 19th August, 2009 against the defendants for vacant possession of plot parcel number 4391 (original number 4390/2) Section Il/MN. That on 12th of July, 2012 this case was settled by way of a consent where it was agreed inter alia; That in the event a signing defendant fails to pay the purchase price he/ she shall be evicted upon issuance of one month notice and payment of mesne profits for the period he/ she has been on the property. Thereafter, on 27th of September, 2013 a decree of the consent order was issued. That however, the defendants failed to comply with the decree forcing the Plaintiff to serve a Notice to vacate on 14th of July, 2016. That on 5th September, 2016 an amended Decree was issued after the Plaintiffs’ counsel applying for the same vide a letter dated 15th August, 2016. That despite the notice to vacate being served the Defendants have deliberately been non-compliant prejudicing the plaintiff. It is for this reason that the Plaintiff wishes to enforce the warrant granted to the court Bailiff on 16th November, 2016.
3. Looking at this application I find that the same is an execution matter and ought to be placed before the Deputy Registrar and not this court. I therefore refer this matter the Deputy Registrar for hearing and determination
It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 23RDDAY OF JULY 2024. N.A. MATHEKAJUDGE