[2024] KEELC 3556 (KLR)
The court found that the applicant is entitled to eviction orders because the judgment requiring the respondent to vacate the land has not been set aside and there is no pending appeal. The decree was properly extracted and served, and the respondent failed to comply or respond to the application. The court...
Source-derived case information.
- Citation
- [2024] KEELC 3556 (KLR)
- Parties
- Plaintiff: John Ndungire Munge; Defendant: Leonard Chepkwony Koech
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 143 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Application for Eviction Orders
- Outcome
- Application for eviction orders granted.
- Judges
- A Ombwayo
- Legal Topics
- Eviction Orders, Enforcement of Judgment, Land Ownership, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ndungire Munge
Plaintiff
Leonard Chepkwony Koech
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Eviction Orders
Legal Issues
- 1 Whether the applicant is entitled to eviction orders against the respondent from parcel Nakuru/Nyota Complex Ext./43.
- 2 Whether the respondent has failed to comply with the court's judgment and decree requiring him to vacate the land.
- 3 Whether the application for eviction is merited in the absence of an appeal or set aside of the judgment.
Ratio Decidendi
The court found that the applicant is entitled to eviction orders because the judgment requiring the respondent to vacate the land has not been set aside and there is no pending appeal. The decree was properly extracted and served, and the respondent failed to comply or respond to the application. The court therefore granted the eviction orders as sought, to be executed by the named auctioneers with police assistance, and ordered the respondent to bear the costs of the application.
Court Disposition
Application for eviction orders granted.
Orders
- Eviction orders issued to remove the defendant/respondent from parcel Nakuru/Nyota Complex Ext./43.
- Eviction to be carried out by White Silver Auctioneers assisted by the OCS Molo Police Station.
Full Case Text
Judgment text and source record
18 paragraphs
Munge v Koech (Environment & Land Case 143 of 2018) [2024] KEELC 3556 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEELC 3556 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 143 of 2018
A Ombwayo, J
April 11, 2024
Between
John Ndungire Munge
Plaintiff
and
Leonard Chepkwony Koech
Defendant
Ruling
1. John Ndungire Munge, (hereinafter referred to as the applicant) has come to court against Leonard Chepkwony Koech for orders that eviction orders do issue to remove the defendant/respondent from the plaintiffs/ applicant's parcel of land known as Nakuru/Nyota Complex Ext./43. He prays that the eviction be carried out by White Silver Auctioneers assisted by the OCS Molo Police Station. Lastly that the costs of this application be borne by the respondent herein. The application is based on grounds the plaintiff/Applicant is the owner of the parcel of land known as Nakuru/Nyota Complex Ext. /43. That this honorable court via its judgement delivered on the 18th of March, 2021 ordered the defendant/ respondent herein to vacate land parcel Nakuru/Nyota Complex Ext./43 within 30 days of being served with the judgement and/or decree and in default that he be forcibly evicted. The decree was served on the defendant/ respondent on the 28th of June, 2023. More than 30 days have since lapsed from the date of service of the decree on the defendant but he has neglected and/or refused to vacate the land. The application is supported by the affidavit of John Ndungure Munge who states that the respondent has been notified to vacate the land but has declined to vacate.
2. I have considered the application and do find it to be merited as the judgment on record has not been set aside. There is no appeal pending against the judgment. The decree has been extracted and served. The respondent has not replied to the application on record.
3. I do grant eviction orders to remove the defendant/respondent from the plaintiffs/ applicant's parcel of land known as Nakuru/Nyota Complex Ext./43. The eviction be carried out by White Silver Auctioneers assisted by the OCS Molo Police Station. The costs of this application be borne by the respondent herein. Orders accordingly.
RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 11TH DAY OF APRIL 2024. A. O. OMBWAYOJUDGE