[2018] KEHC 7276 (KLR)

[2018] KEHC 7276 (KLR)

The court found that the applicant, as decree holder, was entitled to execute the orders of the court arising from the tribunal award, which had been adopted by the Principal Magistrate’s Court. The respondent's attempt to challenge the award through judicial review had been dismissed, and there was no longer any legal basis for maintaining the restrictions on LR. NO. MWIMBI/MURUGI/1102. The restrictions were preventing the applicant from enjoying the fruits of the judgment. The court held that it was just, fair, and equitable to lift the restrictions to allow execution of the court's orders. Accordingly, the application was allowed as prayed.

Citation
[2018] KEHC 7276 (KLR)
Parties
Applicant: Leonard Riungu; Applicant: Frankline Kirimi; Respondent: The District Commissioner Maara District; Interested Party: M’Rachi Njeru
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
23 April 2018
Case Number
Judicial Review 05 of 2017
Procedural Posture
Judicial Review / Ruling on Application to Lift Restriction
Outcome
application allowed
Judges
FM Njoroge
Legal Topics
Land Disputes Tribunal Awards, Removal of Land Restrictions, Execution of Court Orders
Source Language
English
Land and Property Civil Procedure Land Disputes Tribunal Awards Removal of Land Restrictions Execution of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Leonard Riungu

Applicant

Frankline Kirimi

Applicant

The District Commissioner Maara District

Respondent

M’Rachi Njeru

Interested Party

Procedural Posture

Judicial Review / Ruling on Application to Lift Restriction

Legal Issues

  1. 1 Whether the restrictions placed over LR. NO. MWIMBI/MURUGI/1102 should be lifted to allow execution of the court's orders.
  2. 2 Whether the applicant, as decree holder, is entitled to have the restrictions lifted after dismissal of the judicial review application.

Ratio Decidendi

The court found that the applicant, as decree holder, was entitled to execute the orders of the court arising from the tribunal award, which had been adopted by the Principal Magistrate’s Court. The respondent's attempt to challenge the award through judicial review had been dismissed, and there was no longer any legal basis for maintaining the restrictions on LR. NO. MWIMBI/MURUGI/1102. The restrictions were preventing the applicant from enjoying the fruits of the judgment. The court held that it was just, fair, and equitable to lift the restrictions to allow execution of the court's orders. Accordingly, the application was allowed as prayed.

Court Disposition

application allowed

Orders

  • All restrictions placed over LR. NO. MWIMBI/MURUGI/1102 are lifted.
  • Costs are provided for in favour of the applicant.