[2016] KEHC 3318 (KLR)
The court found that the application merely sought to implement its earlier judgment by amending the decree to include the specific adjudication section, as advised by the Director of Land Adjudication and Settlement. This amendment was necessary for the effective execution of the decree and did not alter the...
Source-derived case information.
- Citation
- [2016] KEHC 3318 (KLR)
- Parties
- Plaintiff: Mariam M'Ikiigu; Plaintiff: Eunice Nkatha M'Ikiugu; Defendant: District Land Adjudication Officer, Tigania West/East District; Defendant: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend and Implement Decree
- Outcome
- Application allowed in terms of prayer C; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Decree Implementation, Amendment of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariam M'Ikiigu
Plaintiff
Eunice Nkatha M'Ikiugu
Plaintiff
District Land Adjudication Officer, Tigania West/East District
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend and Implement Decree
Legal Issues
- 1 Whether the decree dated 17th December, 2014 should be amended to include the adjudication section, namely Kianjai Adjudication section.
- 2 Whether the Director of Land Adjudication and Settlement and the Surveyor in charge of Tigania West District should be ordered to implement the decree.
Ratio Decidendi
The court found that the application merely sought to implement its earlier judgment by amending the decree to include the specific adjudication section, as advised by the Director of Land Adjudication and Settlement. This amendment was necessary for the effective execution of the decree and did not alter the substance of the original judgment. The court agreed with the applicant that the amendment was justified and allowed the application to the extent of ordering the Director of Land Adjudication and Settlement and the Surveyor in charge of Tigania West District to forthwith implement the decree dated 17th December, 2014. No order as to costs was made.
Court Disposition
Application allowed in terms of prayer C; no order as to costs.
Orders
- The Director of Land Adjudication and Settlement and the Surveyor in charge of Tigania West District in Meru County are ordered to forthwith implement the decree dated 17th December, 2014.
- No order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND & ENVIRONMENTAL COURT
HCCC NO 1 OF 2014
FAST TRACK
MARIAM M'IKIIGU.................................................................................................................1ST PLAINTIFF
EUNICE NKATHA M'IKIUGU................................................................................................2ND PLAINTIFF
VERSUS
DISTRICT LAND ADJUDICATION OFFICER, TIGANIA WEST/EAST DISTRICT........1ST DEFENDANT
HON. ATTORNEY GENERAL …......................................................................................2ND DEFENDANT
R U L I N G
1. This application is dated 15th March, 2016. It is predicated upon Order 51, Order 40 Rules 1,2 and 3 of the Civil Procedure Rules and Sections 100, 3A & 3 of the Civil Procedure Act. It seeks the following orders:-
(a) That this application be heard and dispensed with at first instance.
(b) That the decree dated 17th December, 2014 be amended to include the adjudication section, namely Kianjai Adjudication section.
(c) That the Director of Land Adjudication and Settlement and the Surveyor incharge of Tigania West District in Meru County be ordered to forthwith implement the decree dated 17th December, 2014 herein.
(d) That the costs of this application be borne by the respondent .
2. The application is supported by the affidavit of Henry Karauka dated 15th March, 2016 and has the following grounds:-
(1) On 17th December, 2014, a consent judgment was entered herein granting the Applicants their prayers in the Plaint.
(2) Consequently, a decree was extracted on 19th March, 2015 and duly served on the Respondents herein.
(3) However upon service upon the Director of Land Adjudication and Settlement , he advised that the decree be amended to include the Adjudication Section and the Surveyor incharge of Tigania West District in Meru County.
(4) The Plaintiff's claim for the reliefs against the Defendants was granted thereof.
(5) Unless this application is immediately heard and determined, the Applicants will suffer irreparable loss and damage.
3. Mr. Kurauka for the applicant has told the Court that the application merits being allowed as it merely seeks to implement a Judgment of this Court delivered on 17th December, 2014. I agree.
4. I allow the application in terms of prayer C with the effect: “ THAT the Director of Land Adjudication and Settlement and the Surveyor in charge of Tigania West District in Meru County is ordered to forthwith implement the decree dated 17th December, 2014.
5. I grant no order as to costs.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 26TH DAY OF JULY, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
Kiongo for the Respondent
P.M. NJOROGE
JUDGE