[2014] KEHC 4111 (KLR)
The court found that its order of 12th February 2014 was clear: the Plaintiff was to deliver vacant possession of the suit property to the 4th Defendant, and in default, an eviction order would issue, to be supervised by the County Police Commander, Kiambu County. The court clarified that such an eviction order...
Source-derived case information.
- Citation
- [2014] KEHC 4111 (KLR)
- Parties
- Plaintiff: Muiri Coffee Estate Limited; Defendant: Kenya Commercial Bank Limited; Defendant: Benjoh Amalgamated Limited; Defendant: David G. Kariuki t/a Watts Enterprises; Defendant: Bidii Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 505 of 2008
- Procedural Posture
- Civil Case / Directions on Execution and Contempt Application
- Outcome
- Eviction order clarified and issued; execution to be supervised by County Police Commander, Kiambu County.
- Judges
- JB Havelock
- Legal Topics
- Eviction Orders, Contempt of Court, Execution of Judgments, Vacant Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muiri Coffee Estate Limited
Plaintiff
Kenya Commercial Bank Limited
Defendant
Benjoh Amalgamated Limited
Defendant
David G. Kariuki t/a Watts Enterprises
Defendant
Bidii Kenya Limited
Defendant
Procedural Posture
Civil Case / Directions on Execution and Contempt Application
Legal Issues
- 1 Whether the Plaintiff failed to comply with the court order to deliver vacant possession of the suit property to the 4th Defendant.
- 2 Whether the County Police Commander, Kiambu County, was in contempt of court for failing to supervise the eviction as ordered.
- 3 Clarification of the procedure for execution of the eviction order.
Ratio Decidendi
The court found that its order of 12th February 2014 was clear: the Plaintiff was to deliver vacant possession of the suit property to the 4th Defendant, and in default, an eviction order would issue, to be supervised by the County Police Commander, Kiambu County. The court clarified that such an eviction order should now issue, and its execution must be supervised by the County Police Commander. The court did not find, on the evidence before it, that the County Police Commander was in contempt, as he had not been served with a specific eviction order to supervise. The directions were therefore to clarify the process and ensure compliance with the original orders.
Court Disposition
Eviction order clarified and issued; execution to be supervised by County Police Commander, Kiambu County.
Orders
- An order for eviction of the Plaintiff from the suit premises shall issue.
- The carrying out of the eviction order shall be supervised by the County Police Commander, Kiambu County.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
CIVIL CASE NO. 505 OF 2008
MUIRI COFFEE ESTATE LIMITED ….....….……….…………… PLAINTIFF
VERSUS
KENYA COMMERCIAL BANK LIMITED …....…....…….. 1ST DEFENDANT
BENJOH AMALGAMATED LIMITED ….......………….… 2ND DEFENDANT
DAVID G. KARIUKI T/A WATTS ENTERPRISES.. ....…. 3RD DEFENDANT
BIDII KENYA LIMITED ……….….………..………...……… 4TH DEFENDANT
DIRECTIONS
On 12th February 2014, this Court ordered that the Plaintiff do deliver up vacant possession of the suit property to the 4th Defendant/Applicant and in default, an order of eviction be issued against the Plaintiff, its employees, servants and/or agents to be supervised by the County Police Commander, Kiambu County. From the Application of the 4th Defendant dated 16th May 2014, it has been alleged that the Plaintiff refused to comply with the Court’s Order of 12th February 2014 and neglected to give vacant possession of the suit property to the 4th Defendant. As a result, the 4th Defendant instructed the firm of Siuma auctioneers to seek the assistance of the County Police Commander, Kiambu County, to supervise the eviction of the Plaintiff pursuant to this Court’s said Order. According to the 4th Defendant, the said County Police Commander did not avail any officers despite letters requesting assistance and he failed to facilitate compliance with and execution of the Orders. As a result, the 4th Defendant has instituted contempt proceedings as against the said County Police Commander.
In response to those contempt proceedings, the County Police Commander, Kiambu County has filed a Replying Affidavit sworn on 4th June 2014 through the good offices of the Attorney General. The
salient paragraphs of the Replying Affidavit detail as follows:
“8. THAT my understanding of the Court Order and as also interpreted by Mr. Titi Ayiera the Legal Officer, Kenya Police Service is that:
The 4th Defendant/Applicant had to first execute the order against the Plaintiff and require that the Plaintiff delivers vacant possession of the suit property, and in default;
The 4th Defendant/Applicant had to go back to court and obtain eviction orders against the Plaintiff to be supervised by the County Police Commander, Kiambu County.
9. THAT I have not been served with any eviction order that I have failed to supervise”.
.When Counsel for the 4th Defendant and the Attorney General appeared before Court yesterday 11th June, 2014, it became apparent that both Counsel required clarification of this Court’s Order dated 12th February 2014 and the matter before Court was stood over for a period of 2 days to enable this Court to give clear directions as to the way forward.
Upon perusal of the Court file, I am satisfied that the Order drawn up and dated 12th February 2014 reflects the Orders that I gave in my Ruling delivered herein on 12th February 2014. As above, I ordered that in default of the Plaintiff ceding vacant possession of the suit premises to the 4th Defendant, an Order of eviction be issued.
As a result, I now clarify the position and direct that an Order for eviction of the Plaintiff from the suit premises do issue and the carrying out of such Order shall be supervised by the County Police Commander, Kiambu County.
DATED and delivered at Nairobi this 13th day of June 2014.
J. B. HAVELOCK
JUDGE