[2025] KEELC 5372 (KLR)

[2025] KEELC 5372 (KLR)

The court found that there was no eviction order or decree on record in favour of the applicants following the striking out of the respondents' suit for adverse possession. Without such an order, the applicants could not validly seek police assistance to execute an eviction. The court further held that the...

Source-derived case information.

Citation
[2025] KEELC 5372 (KLR)
Parties
Applicant: Alpesh Kanahksihn Khimji; Applicant: Five Eleven Traders And Auctioneers; Respondent: Safari Chengo Nyambu And Others
Court
Environment and Land Court
Court Station
Environment and Land Court at Mombasa
Jurisdiction
Kenya
Judgment Date
17 July 2025
Case Number
Environment and Land Miscellaneous Application E097 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Police Assistance in Eviction
Outcome
application dismissed
Judges
YM Angima
Legal Topics
Eviction Procedure, Adverse Possession, Execution of Orders
Source Language
english
Land and Property Civil Procedure Eviction Procedure Adverse Possession Execution of Orders

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Summary, issues, holding and outcome

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Parties

Alpesh Kanahksihn Khimji

Applicant

Five Eleven Traders And Auctioneers

Applicant

Safari Chengo Nyambu And Others

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Police Assistance in Eviction

Legal Issues

  1. 1 Whether the applicants are entitled to an order for police assistance in executing an eviction process against the respondents.
  2. 2 Whether there exists a valid eviction order or decree capable of execution.
  3. 3 Whether the application constitutes an abuse of the court process.

Ratio Decidendi

The court found that there was no eviction order or decree on record in favour of the applicants following the striking out of the respondents' suit for adverse possession. Without such an order, the applicants could not validly seek police assistance to execute an eviction. The court further held that the applicants had previously sought similar orders in the primary suit, which were dismissed, and that returning to court before a different judge to seek the same relief amounted to an abuse of process. Additionally, the applicants failed to establish a clear connection between the properties in the primary suit and those in the instant application. Consequently, the court held that the...

Court Disposition

application dismissed

Orders

  • The notice of motion dated 20.12.2024 is dismissed.
  • No orders as to costs.