[2020] KEELC 58 (KLR)
The court found that there was a valid and unchallenged judgment and decree ordering the eviction of the defendant from the suit land. The defendant had not appealed the judgment nor provided sufficient justification for his continued occupation of the land or non-compliance with the court's orders. The court held...
Source-derived case information.
- Citation
- [2020] KEELC 58 (KLR)
- Parties
- Plaintiff: Michael Otieno Wagude; Defendant: Morris Olwal
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 13 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Enforcement Application
- Outcome
- application allowed
- Judges
- TM Olando
- Legal Topics
- Eviction Orders, Possession of Land, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Michael Otieno Wagude
Plaintiff
Morris Olwal
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the applicant is entitled to police security to enforce the eviction order and take possession of the suit land.
- 2 Whether the respondent has provided sufficient reason for non-compliance with the court's judgment and decree.
Ratio Decidendi
The court found that there was a valid and unchallenged judgment and decree ordering the eviction of the defendant from the suit land. The defendant had not appealed the judgment nor provided sufficient justification for his continued occupation of the land or non-compliance with the court's orders. The court held that the applicant was entitled to enforcement of the judgment, including police assistance to take possession of the land, remove illegal structures, and fence the property. The respondent's claims of ill health and service in prison did not constitute a legal basis to delay or avoid compliance with the court's orders.
Court Disposition
application allowed
Orders
- The O.C.S Kisumu Police Station or any other police station to provide security to the applicant to take full possession of the suit parcel of land.
- The applicant is authorized to fence the suit land and remove all illegal structures.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISUMU
ELC NO. 13 OF 2015
MICHAEL OTIENO WAGUDE................................................................................PLAINTIFF
VERSUS
MORRIS OLWAL..................................................................................................DEFENDANT
RULING
The application before me is dated 30/7/19. The applicant seeks Police Security to take full possession of the suit land by evicting the respondent and demolishing the structures therein. The application is based on grounds that there is judgement against the defendant/respondent. The court ordered that he be evicted and committed to jail but has not complied with court order. The defendant’s/respondent’s response is that he has been unwell and that he was served in prison.
I have considered the application and do find that it is merited as there is a judgment and a decree. No appeal has been preferred. I do order that the O.C.S Kisumu Police Station or any other police station to provide security to the applicant to take full possession of the suit parcel of land and to fence the same and remove all illegal structures. Costs of the application the applicant. Orders accordingly.
A.O. OMBWAYO
ENVIRONMENT & LAND
JUDGE
DATED AND DELIVERED THIS 29th DAY OF JANUARY, 2020.
In the presence of:
M/S NANUNJI FOR APPLICANT
N/A FOR RESPONDENT
A. O. OMBWAYO
ENVIRONMENT & LAND
JUDGE