[2018] KEELC 3889 (KLR)
The court found that service of the application had been properly effected upon the defendants' advocates, as confirmed by the affidavit of service. The application was aimed at facilitating execution of the amended decree in line with the binding judgment of the Court of Appeal. There being no objection from the...
Source-derived case information.
- Citation
- [2018] KEELC 3889 (KLR)
- Parties
- Plaintiff: Mate Gitari; Defendant: Jane Kaburu Muga alias Jane Kaburu Muga; Defendant: Phylis Ciamati Nkari; Defendant: Elisius Njoka M’Mwirichia; Defendant: Elipha Mbura Njue
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2005
- Procedural Posture
- Civil Suit / Ruling on Application for Execution of Amended Decree
- Outcome
- application allowed; case marked as settled
- Legal Topics
- Execution of Decree, Settlement of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mate Gitari
Plaintiff
Jane Kaburu Muga alias Jane Kaburu Muga
Defendant
Phylis Ciamati Nkari
Defendant
Elisius Njoka M’Mwirichia
Defendant
Elipha Mbura Njue
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Execution of Amended Decree
Legal Issues
- 1 Whether service of the application was properly effected on the defendants.
- 2 Whether the application for execution of the amended decree should be allowed in light of the Court of Appeal judgment.
Ratio Decidendi
The court found that service of the application had been properly effected upon the defendants' advocates, as confirmed by the affidavit of service. The application was aimed at facilitating execution of the amended decree in line with the binding judgment of the Court of Appeal. There being no objection from the defendants and all procedural requirements having been met, the court allowed the application to enable execution of the decree. The matter was thus marked as settled, with no order as to costs.
Court Disposition
application allowed; case marked as settled
Orders
- The application dated 03:01:18 is allowed.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CIVIL SUIT NO 2 OF 2005 (OS)
MATE GITARI........................................................................................PLAINTIFF
VERSUS
JANE KABURU MUGA alias JANE KABURU MUGA..........1ST DEFENDANT
PHYLIS CIAMATI NKARI........................................................2ND DEFENDANT
ELISIUS NJOKA M’MWIRICHIA...........................................3RD DEFENDANT
ELIPHA MBURA NJUE.............................................................4TH DEFENDANT
R U L I N G
1. I have seen the Affidavit of service filed on 15:01: 13. It confirms that service had been effected upon G.M. Wanjohi Advocates, who are Advocates for the Defendant.
2. I find that the present application is geared towards facilitating the execution of the amended decree in line with the Court of Appeal Judgment in case No. 43 of 2015 (Nyeri).
3. In the circumstances the application dated 03:01:18 is hereby allowed but with no orders as to costs.
4. Case marked as settled.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 29th JANUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Riungu for Plaintiff present
G.M. Wanjohi for Defendant present
HON. L. N. MBUGUA
ELC JUDGE