[2023] KEELC 21975 (KLR)
The court found that there was no substantive defence to the defendant's application for execution of the decree. The plaintiff's objection regarding service on the auctioneers was irrelevant, as it is the applicant's responsibility to ensure execution arrangements. There was no evidence of a lawful stay of...
Source-derived case information.
- Citation
- [2023] KEELC 21975 (KLR)
- Parties
- Plaintiff: Kirobon Farmers; Defendant: Samuel O. Nyarangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 29 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Execution Application
- Outcome
- application granted
- Judges
- FM Njoroge
- Legal Topics
- Execution of Decree, Auctioneer Orders, Police Security for Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kirobon Farmers
Plaintiff
Samuel O. Nyarangi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Execution Application
Legal Issues
- 1 Whether the defendant is entitled to execution of the decree dated April 19, 2023.
- 2 Whether there is any lawful ground to deny the application for execution, including any stay from an appellate court.
- 3 Whether the auctioneers' service or agreement to execute affects the defendant's right to execution.
Ratio Decidendi
The court found that there was no substantive defence to the defendant's application for execution of the decree. The plaintiff's objection regarding service on the auctioneers was irrelevant, as it is the applicant's responsibility to ensure execution arrangements. There was no evidence of a lawful stay of execution from an appellate court. Therefore, the defendant, as decree-holder, was entitled to the orders sought to execute the decree and obtain police security. The application was granted in terms of the specified prayers, allowing the execution process to proceed.
Court Disposition
application granted
Orders
- Warrants/orders to Tango Auctioneers and General Merchants to execute the decree dated April 19, 2023 are issued.
- Police to provide security for the execution exercise.
Full Case Text
Judgment text and source record
20 paragraphs
Kirobon Farmers v Nyarangi (Environment & Land Case 29 of 2017) [2023] KEELC 21975 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21975 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 29 of 2017
FM Njoroge, J
November 30, 2023
Between
Kirobon Farmers
Plaintiff
and
Samuel O. Nyarangi
Defendant
Ruling
1. This is a ruling on an Application dated May 19, 2023 filed by the defendant which seeks that the court do issue warrants/orders to Tango Auctioneers and General merchants to execute the decree herein dated April 19, 2023 and for the police to provide security for the exercise. The application is supported by two affidavits sworn by the defendant/decree-holder.
2. The application is opposed by the respondent through the Replying Affidavit of David K A Metet sworn on June 7, 2023.
3. This is a matter that was concluded some time back but for one reason or another the parties have been in court on one application or another and the decree has not been executed.
4. I have perused the application and the Replying Affidavit as well as the Submissions of the respondent and I really find no defence to the application; there is a decree that has not been executed and the defendant deserves the fruits of his judgment. The statement of the plaintiff that the auctioneers have not been served is neither here nor there as it is only the applicant who should be concerned with whether they have agreed to execute the decree or not.
5. In the circumstances I find no ground on which the application can be denied. Unless there is a lawful order issued by the appellate court staying the execution, which this court has not been shown to be the case, the orders in the application filed by the defendant are deserved. The upshot of the foregoing is that the application dated May 19, 2023 succeeds and it is hereby granted in terms of prayer nos 2, 3, and 4 thereof.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 30TH DAY OF NOVEMBER, 2023. MWANGI NJOROGEJUDGE, ELC, MALINDI