[2020] KEELC 1262 (KLR)
The court found that the applicant had obtained a decree for adverse possession and that the respondents had failed to deliver vacant possession of the subject land parcels. The application for police security during execution was unopposed, and the court emphasized that court orders must be obeyed. However, in...
Source-derived case information.
- Citation
- [2020] KEELC 1262 (KLR)
- Parties
- Applicant: Patrick Mutenyo Wanjala; Respondent: Fatuma Naliaka Kuta; Respondent: Salim Muchelule Omulangula; Respondent: Asmini Wabwire Wanyama; Respondent: Ramadhan Jom Kario; Respondent: Ramadhan Mahdly Wekhuyi; Respondent: Godfrey Ongume Chichola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 36 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Execution Application
- Outcome
- application granted with stay of execution for 90 days
- Judges
- NA Matheka
- Legal Topics
- Adverse Possession, Execution of Decree, Vacant Possession, Court Orders, Security for Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mutenyo Wanjala
Applicant
Fatuma Naliaka Kuta
Respondent
Salim Muchelule Omulangula
Respondent
Asmini Wabwire Wanyama
Respondent
Ramadhan Jom Kario
Respondent
Ramadhan Mahdly Wekhuyi
Respondent
Godfrey Ongume Chichola
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Execution Application
Legal Issues
- 1 Whether the applicant is entitled to police security during execution of a decree for adverse possession.
- 2 Whether the respondents' failure to deliver vacant possession justifies the orders sought.
- 3 Whether the application should be stayed due to the Covid-19 pandemic.
Ratio Decidendi
The court found that the applicant had obtained a decree for adverse possession and that the respondents had failed to deliver vacant possession of the subject land parcels. The application for police security during execution was unopposed, and the court emphasized that court orders must be obeyed. However, in light of the Covid-19 pandemic, the court granted the application but stayed its execution for 90 days from the date of the ruling. No order as to costs was made since the application was undefended.
Court Disposition
application granted with stay of execution for 90 days
Orders
- The Officer Commanding Harambee Police Station to provide security during execution of the decree against the respondents.
- Execution of the decree is stayed for 90 days from the date of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA.
IN THE ENVIRONMENT AND LAND COURT AT KAKAMEGA.
ELC CASE NO. 36 OF 2018
PATRICK MUTENYO WANJALA............................................................PLAINTIFF/APPLICANT
VERSUS
FATUMA NALIAKA KUTA
SALIM MUCHELULE OMULANGULA
ASMINI WABWIRE WANYAMA
RAMADHAN JOM KARIO
RAMADHAN MAHDLY WEKHUYI
GODFREY ONGUME CHICHOLA...........................................DEFENDANTS/RESPONDENTS
RULING
The application is dated 20th July 2020 and is brought under section 3A of the Civil Procedure Act seeking the following orders:-
1. That this application be certified as urgent.
2. That the Officer Commanding Harambee Police Station be directed to provide security during the execution of the decree issued herein against the respondents herein.
3. That costs be provided for.
The application is based on the annexed affidavit Patrick Mutenyo and the grounds that the applicant herein obtained a decree for adverse possession on 14th day of May 2019. That the respondents herein have neglected and/or refused to move and deliver up vacant possession of the L.R. S. N/Wanga/Khalaba/1800, 1801, 1802, 1803, 1804 and 1805. That security is needed during the execution of the said decree so as to avoid breach of peace.
This court has considered the application. The respondents were served but failed to attend court or file any response. I have perused the court file and indeed find that by a judgement dated 14th May 2019 the applicant herein obtained a decree for adverse possession. The application is based on the grounds that the respondents herein have neglected and/or refused to move and deliver up vacant possession of the L.R. S. N/Wanga/Khalaba/1800, 1801, 1802, 1803, 1804 and 1805. That security is needed during the execution of the said decree so as to avoid breach of peace. I find that the application is not opposed and court orders must be obeyed. Be that as it may and due to the Covid 19 pandemic the application is granted and the same is stayed for a period on 90 days from the date of this ruling. No orders as to costs as the same was undefended.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA IN OPEN COURT THIS 28TH SEPTEMBER 2020.
N.A. MATHEKA
JUDGE