[2016] KEHC 4480 (KLR)
The court found that the application was necessary to implement its prior judgment awarding the applicant one half of the land parcel MAGUMONI/MUKUUNI/313. Given the respondent's hostility and refusal to cooperate, police security was warranted to ensure the sub-division could proceed without obstruction. The court...
Source-derived case information.
- Citation
- [2016] KEHC 4480 (KLR)
- Parties
- Appellant: Njeru Mugera; Respondent: Eminah Nkirote Njagi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 22 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Application for Police Security During Land Sub Division
- Outcome
- Application allowed.
- Judges
- FM Njoroge
- Legal Topics
- Land Subdivision, Enforcement of Judgments, Court Orders, Police Assistance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Mugera
Appellant
Eminah Nkirote Njagi
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application for Police Security During Land Sub Division
Legal Issues
- 1 Whether the court should order police security to facilitate the sub-division of land parcel MAGUMONI/MUKUUNI/313 as previously decreed.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the application was necessary to implement its prior judgment awarding the applicant one half of the land parcel MAGUMONI/MUKUUNI/313. Given the respondent's hostility and refusal to cooperate, police security was warranted to ensure the sub-division could proceed without obstruction. The court exercised its inherent powers and powers under the Civil Procedure Rules to grant the order for police assistance. Costs were awarded to the applicant as the successful party.
Court Disposition
Application allowed.
Orders
- The Officer Commanding Station, Chuka Police Station is ordered to provide security during sub-division of Land Parcel No. MAGUMONI/MUKUUNI/313 to allow for the implementation of this Court's Orders.
- Costs are awarded to the applicant, Jemimah Nkirote Njagi.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CIVIL APPEAL NO 22 OF 2013
NJERU MUGERA............................................................APPELLANT/RESPONDENT
VERSUS
EMINAH NKIROTE NJAGI.............................................RESPONDENT/APPLICANT
R U L I N G
This application is dated 6th April, 2016 and seeks orders:-
That the Court be pleased to direct the Officer commanding Station, Chuka Police Station to provide security during sub-division of parcel land No. MAGUMONI/MUKUUNI/313 as per the orders of the Court.
That Costs of this Application be provided for.
The application is supported by the Affidavit of JEMIMAH NKIROTE NJAGI and has the following grounds:-
That the Respondent is currently registered proprietor of L.RMAGUMONI/MUKUUNI/313.
That the Court vide Chuka PMCC NO. 20 of 2007 held that the Applicant is entitled to one half of parcel of Land NO. MAGUMONI/MUKUUNI/313.
That the High Court vide MERU HCCA NO. 22 of 2013 upheld the decision of the lower court.
That the Court further held that in the event the Respondent does not cooperate in the implementation of the lower Court decision, the Executive Officer should sign all the necessary documents.
That the Land Control Board has already granted Consent to the Sub-division.
That the Respondent is very hostile and has sworn not to permit the parcel of land in issue to be sub-divided on the ground.
That it is therefore proper that the security is provided during Sub-division of the land in issue.
I find that the application seeks to implement the Judgment of the Court. The application is allowed. It is ordered as follows:-
1. The Officer Commanding Station, Chuka Police Station is ordered to provide security during Sub-Division of Land Parcel No. MAGUMONI/MUKUUNI/313 to allow for the implementation of this Court's Orders.
2. Costs are awarded to the applicant , Jemimah Nkirote Njagi.
3. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 12TH DAY OF MAY, 2016 IN THE PRESENCE OF:
Cc:Lilian/Daniel
P.M. NJOROGE
JUDGE