[2024] KEELC 3297 (KLR)
The court found that the Plaintiffs had obtained a valid judgment and decree declaring them the owners of LR No. 209/9451 and ordering the Defendants to vacate. The Defendants, except for the 6th Defendant who had vacated, failed to comply with the decree despite being served. The court emphasized that court orders...
Source-derived case information.
- Citation
- [2024] KEELC 3297 (KLR)
- Parties
- Plaintiff: Christopher Mathea Mukirai; Plaintiff: Jane Chepkoech; Plaintiff: Pauline Kirombo; Plaintiff: Evans Mwamunga Mazoi; Plaintiff: Grace Mwahiki; Defendant: Micheal Omondi; Defendant: Peter Mwangi; Defendant: Sarah Wairimu; Defendant: Boniface Githinji; Defendant: Pasta Judah; Defendant: Amakaru Aboye
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 484 of 2009
- Procedural Posture
- Notice of Motion / Ruling on Application for Eviction Orders Post Judgment
- Outcome
- Application for eviction allowed. Plaintiffs granted orders for forceful eviction of Defendants from LR No. 209/9451 under police supervision. Costs to 1st–5th Defendants jointly and severally.
- Judges
- MD Mwangi
- Legal Topics
- Eviction Orders, Decree Enforcement, Possession of Land, Service of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Mathea Mukirai
Plaintiff
Jane Chepkoech
Plaintiff
Pauline Kirombo
Plaintiff
Evans Mwamunga Mazoi
Plaintiff
Grace Mwahiki
Plaintiff
Micheal Omondi
Defendant
Peter Mwangi
Defendant
Sarah Wairimu
Defendant
Boniface Githinji
Defendant
Pasta Judah
Defendant
Amakaru Aboye
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Eviction Orders Post Judgment
Legal Issues
- 1 Whether the Plaintiffs are entitled to eviction orders against the Defendants from LR No. 209/9451 pursuant to the judgment and decree.
- 2 Whether the Defendants have failed to comply with the court's decree and orders for vacant possession.
- 3 Whether the application for eviction should be granted under supervision of the OCS.
Ratio Decidendi
The court found that the Plaintiffs had obtained a valid judgment and decree declaring them the owners of LR No. 209/9451 and ordering the Defendants to vacate. The Defendants, except for the 6th Defendant who had vacated, failed to comply with the decree despite being served. The court emphasized that court orders are not made in vain and must be obeyed. Given the Defendants' continued occupation in defiance of the decree for over ten years, the court held that the Plaintiffs were entitled to enforcement by way of eviction. The application for eviction was therefore allowed, with the eviction to be carried out under the supervision of the OCS, Buruburu Police Station. Costs were awarded...
Court Disposition
Application for eviction allowed. Plaintiffs granted orders for forceful eviction of Defendants from LR No. 209/9451 under police supervision. Costs to 1st–5th Defendants jointly and severally.
Orders
- Defendants, their servants, employees, agents, and any persons claiming under them to be forcefully removed and evicted from LR No. 209/9451 under supervision of the OCS, Buruburu Police Station.
- Costs of the application to be borne by the 1st to 5th Defendants jointly and severally.
Full Case Text
Judgment text and source record
42 paragraphs
Mukirai & 4 others v Omondi & 5 others (Environment & Land Case 484 of 2009) [2024] KEELC 3297 (KLR) (22 April 2024) (Ruling)
Neutral citation: [2024] KEELC 3297 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 484 of 2009
MD Mwangi, J
April 22, 2024
Between
Christopher Mathea Mukirai
1st Plaintiff
Jane Chepkoech
2nd Plaintiff
Pauline Kirombo
3rd Plaintiff
Evans Mwamunga Mazoi
4th Plaintiff
Grace Mwahiki
5th Plaintiff
and
Micheal Omondi
1st Defendant
Peter Mwangi
2nd Defendant
Sarah Wairimu
3rd Defendant
Boniface Githinji
4th Defendant
Pasta Judah
5th Defendant
Amakaru Aboye
6th Defendant
Ruling
(In respect to the Notice of Motion dated 29th January, 2024 by the Plaintiffs/Decree holders) brought under the provisions of Order 22 rule 29 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act) Background 1. Way back on 23rd July, 2012, Nyamweya, J (as she then was) delivered a judgment in this matter in favour of the Plaintiffs against the Defendants. Her finding was that the Plaintiffs had on a balance of probabilities proved that they were the registered owners of LR No. 209/9451. She proceeded to enter judgment in their favour in the following terms:a.That the Plaintiffs herein are hereby declared the owners and entitled to possession of the parcel of land known as LR No. 209/9451. b.That the Defendants are hereby ordered to vacate the parcel of Land registered as LR No. 209/9451 within 60 days of date of service by the Plaintiffs of these orders, failing which execution of decree against them shall proceed.c.The Plaintiffs are awarded the costs of this suit.
2. The Plaintiffs/Decree holders in their application before the court seek eviction orders against the Defendants to remove them from the suit property LR No. 209/9451 pursuant to the judgment/decree of the Court, under the supervision of the Officer Commanding Station (OCS) Buru Buru Police Station.
3. The Plaintiffs/Decree holders explain that the Decree of the Court was served upon each of the Defendants/Respondents on 14th May, 2013. In spite of service, the Defendants/Respondents have failed, refused and or neglected to comply with the Decree. The Applicants therefore pray and seek for eviction orders to forcefully evict the Defendants from the suit property with the assistance of the OCS, Buruburu Police Station.
Determination: 4. On 20th March, 2024, the Court directed that the Plaintiffs’ application be personally served upon the Respondents and fixed it for hearing on 11th April, 2024.
5. On the date scheduled for hearing, the 6th Defendant, Amakaru Aboye appeared in person and informed the Court that on his part, he had vacated the suit property in compliance with the orders of the Court. None of the other Defendants appeared despite service.
6. I have confirmed the judgment and Decree of the Court in this file in favour of the Plaintiffs against the Defendants. The Defendants have not shown any cause why they have not complied with the Decree of the Court. Court orders are not made in vain. It is now over 10 years since the Decree was issued.
7. Consequently, I allow the Plaintiffs’/Decree Holders’ application as prayed and direct that the Defendants/Respondents herein, their servants, employees and or agents and any other persons claiming under them in occupation of the suit property, LR No. 209/9451 be forcefully removed and evicted under the supervisions of the OCS – Buruburu Police Station.
8. The Costs of this application shall be borne by the 1st – 5th Defendants jointly and severally.
It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 22NDDAY OF APRIL, 2024. M.D. MWANGIJUDGEIn the virtual presence of:Mr. Wamwayi for the Plaintiffs/ApplicantsNo appearance for the Defendants/RespondentsCourt Assistant: Yvette.M.D. MWANGIJUDGE