[2023] KEELC 628 (KLR)
The court found that the plaintiff had obtained a judgment and decree ordering the eviction of the defendants from the suit land and restraining them from re-entering. The defendants, despite being served with the application and the judgment, failed to vacate the land or oppose the application. The court held that...
Source-derived case information.
- Citation
- [2023] KEELC 628 (KLR)
- Parties
- Plaintiff: Marist Brothers Kenya (Registered Trustees); Defendant: Ann Nyariara; Defendant: Noah Moneria Ole Kurraru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 816 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Post Judgment Eviction Application
- Outcome
- Application allowed. Orders for eviction, police assistance, and costs granted.
- Judges
- MN Gicheru
- Legal Topics
- Eviction Orders, Execution of Judgment, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marist Brothers Kenya (Registered Trustees)
Plaintiff
Ann Nyariara
Defendant
Noah Moneria Ole Kurraru
Defendant
Procedural Posture
Environment and Land Case / Ruling on Post Judgment Eviction Application
Legal Issues
- 1 Whether the plaintiff is entitled to orders for eviction of the defendants from the suit land pursuant to a prior judgment.
- 2 Whether the plaintiff is entitled to ancillary orders to facilitate execution of the eviction decree.
Ratio Decidendi
The court found that the plaintiff had obtained a judgment and decree ordering the eviction of the defendants from the suit land and restraining them from re-entering. The defendants, despite being served with the application and the judgment, failed to vacate the land or oppose the application. The court held that the plaintiff was entitled to enforce the judgment and that the orders sought, including eviction, police assistance, and authority to break the padlock, were justified to ensure compliance with the decree. The court further held that no further notice was necessary as the defendants had already been served, and awarded costs to the plaintiff.
Court Disposition
Application allowed. Orders for eviction, police assistance, and costs granted.
Orders
- Defendants to be evicted from the suit land LR KJD/LOODARIAK/2235.
- No further notice required as service on September 21, 2022 is sufficient.
Full Case Text
Judgment text and source record
26 paragraphs
Marist Brothers Kenya (Registered Trustees) v Nyariara & another (Environment & Land Case 816 of 2017) [2023] KEELC 628 (KLR) (7 February 2023) (Ruling)
Neutral citation: [2023] KEELC 628 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 816 of 2017
MN Gicheru, J
February 7, 2023
Between
Marist Brothers Kenya (Registered Trustees)
Plaintiff
and
Ann Nyariara
1st Defendant
Noah Moneria Ole Kurraru
2nd Defendant
Ruling
1. This ruling is on the Notice of Motion dated September 2, 2022. It is filed under Sections 1A, 1B, 3A of the Civil Procedure Act, Order 51, Rule 1, Civil Procedure Rules and all enabling provisions of the law.
2. The Motion seeks two prayers namely.a.Eviction of the Defendants from the Suit Land LR KJD/LOODARIAK/2235. b.A break in order to enable the Plaintiff break the padlock to the suit land’s gate.c.The OCS Kiserian Police Station to provide adequate security during the eviction exercise.d.Costs of the application.
3. The application is supported by an affidavit sworn by one Mark Enokwuru who says he is The Superior of the Applicant.In the affidavit dated September 2, 2022, the deponent says that there is a judgment and decree in favour of the Applicant which ordered the eviction of the Defendants from the suit land and an order restraining them from ever entering the land. Despite the said orders, the Defendants have refused to leave the suit land voluntarily and only the current application will ensure the final execution of the decree.
4. The application, though served is unopposed. Service was on September 21, 2022 as per the affidavit of service filed in court on October 3, 2022.
5. Having considered the motion dated September 2, 2022, I find that it has merit because the judgment dated May 16, 2022 ordered the eviction of the Defendants from the suit land and for them to be restrained from entering the land again.Consequently, I issue the following orders; i.Defendants to be evicted from the suit land.
ii.No need of any further notice as the service on September 21, 2022 is sufficient notice.
iii.OCS Kiserian Police Station to provide adequate security for the exercise of eviction.
iv.Costs to the Applicant.
It is so ordered.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 7TH DAY OF FEBRUARY, 2023. M.N. GICHERUJUDGE