[2022] KEELC 14899 (KLR)
The court found that the applicant's request to correct the police station for purposes of executing the demolition decree was justified, as the previous order had erroneously directed the OCS Thika Police Station, which lacked jurisdiction over the suit property. The court reaffirmed that orders of the court must...
Source-derived case information.
- Citation
- [2022] KEELC 14899 (KLR)
- Parties
- Applicant: Njari Mathew Mbatia t/a Matson Auctioneers; Plaintiff: Waig Limited; Defendant: Francis Kariuki; Defendant: Joseph Mwaura; Defendant: John Kanyi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 90 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Police Assistance in Execution of Demolition Decree
- Outcome
- application allowed
- Judges
- JG Kemei
- Legal Topics
- Execution of Decree, Demolition Orders, Police Assistance, Auctioneer Powers
- 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
Njari Mathew Mbatia t/a Matson Auctioneers
Applicant
Waig Limited
Plaintiff
Francis Kariuki
Defendant
Joseph Mwaura
Defendant
John Kanyi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Police Assistance in Execution of Demolition Decree
Legal Issues
- 1 Whether the applicant is entitled to police assistance in executing the demolition decree on LR No. Thika Municipality Block 29/644.
- 2 Whether the application to correct the police station jurisdiction is merited.
Ratio Decidendi
The court found that the applicant's request to correct the police station for purposes of executing the demolition decree was justified, as the previous order had erroneously directed the OCS Thika Police Station, which lacked jurisdiction over the suit property. The court reaffirmed that orders of the court must be enforceable and that parties unable to execute such orders are entitled to seek the court's assistance. The application was allowed, subject to the applicant's full compliance with Section 152G of the Land Act, which governs procedures for eviction and demolition on land. No order as to costs was made, and the applicant was granted the requested police assistance for execution.
Court Disposition
application allowed
Orders
- The applicant is granted police assistance from the officer commanding Makongeni police station in executing the demolition decree on LR No. Thika Municipality Block 29/644.
- The applicant must comply fully with Section 152G of the Land Act.
Full Case Text
Judgment text and source record
30 paragraphs
Njari Mathew Mbatia t/a Matson Auctioneers & another v Kariuki & 2 others (Environment & Land Case 90 of 2019) [2022] KEELC 14899 (KLR) (17 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14899 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case 90 of 2019
JG Kemei, J
November 17, 2022
Between
Njari Mathew Mbatia t/a Matson Auctioneers
Applicant
and
Waig Limited
Plaintiff
and
Francis Kariuki
1st Defendant
Joseph Mwaura
2nd Defendant
John Kanyi
3rd Defendant
Ruling
1. The Applicant/Auctioneer filed the instant Motion dated 5/4/2022 under Section 5 of the Auctioneers Rules of 1997 and Section 3 Civil Procedure Act seeking Orders That;a.Spent.b.This Honorable Court be pleased to issue an order granting the Applicant with the assistance of the officer commanding Makongeni police station supervision in the execution of the decree given on 10th December 2020 of the demolition orders of the illegal structures erected on the suit property LR No. Thika Municipality Block 29/644. c.Costs of the Application be borne by the respondent.
2. The Application is supported by the Affidavit of even date of Njari Mathew Mbatia, a licensed Class B Auctioneer under the Auctioneers Act as evidenced by copy of his license marked NMM1. He deponed that he received a letter of instruction from the firm of M/S Kamau Kinga & Co. Advocates to execute the decree issued on 10/12/2020 - NMM2 to demolish the illegal structures on the suit property known as LR No. Thika Municipality Block 29/644. That he had applied for and obtained similar orders which were erroneously directed to the officer commanding station Thika police station yet the suit property lies outside the jurisdiction of Thika Police Station. That the instant Application is for correcting the said anomaly and urged the Court to grant the prayers.
3. The Application is unopposed. Supporting the Application, the Applicant’s Counsel, M/S Kamau Kinga & Co. Advocates filed written submissions dated 7/6/2022 and reiterated the averments in the Supporting Affidavit.
4. The main issue for determination is whether the Application merited.
5. The Court record confirms that Judgment was entered herein on 10/12/2020 in favour of the Plaintiff and inter aliaordered the demolition of all the illegal structures erected on the suit property. To that end a decree was extracted and the Applicant filed an Application dated 28/7/2021 seeking the assistance of this Court to execute the said decree through the OCS Thika Police station. The Application was granted on 14/10/2021.
6. It is trite that Court orders are not issued in vain. It is also judicially noted that when a party is unable to execute court orders for one reason or the other, they are at liberty to approach the Court for assistance as the case herein.
7. I am satisfied that the Application is for allowing with no orders as to costs. The Applicant is ordered to comply fully with the provisions of Section 152G of the Land Act.
8. It is so ordered.
DELIVERED, DATED AND SIGNED AT THIKA THIS 17THDAY OF NOVEMBER, 2022 VIA MICROSOFT TEAMS.J G KEMEIJUDGEDelivered online in the presence of;Ms. Waweru for Plaintiff1st, 2nd and 3rd Defendants - AbsentCourt Assistant – Kevin