[2017] KEELC 3634 (KLR)
The court found that its previous order requiring the defendants to vacate the suit property and restore possession to the plaintiffs had not been set aside or stayed by any appellate court. The respondents' explanation that executive officers were out of the country and had not been personally served was not...
Source-derived case information.
- Citation
- [2017] KEELC 3634 (KLR)
- Parties
- Applicant: Ravindra Ratilal Tailor; Applicant: Daya Singh Lahb Kalsi; Applicant: Narinder Singh Lochab; Applicant: Uasin Gishu Art Society of Eldoret; Respondent: The County Government of Uasin Gishu; Respondent: The C.E.C Lands Housing and Physical Planning Uasin Gishu County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 220 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Enforcement of Previous Court Orders
- Outcome
- application granted
- Judges
- A Ombwayo
- Legal Topics
- Eviction Orders, Status Quo Orders, Possession of Land, Enforcement of Court Orders
- 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
Ravindra Ratilal Tailor
Applicant
Daya Singh Lahb Kalsi
Applicant
Narinder Singh Lochab
Applicant
Uasin Gishu Art Society of Eldoret
Applicant
The County Government of Uasin Gishu
Respondent
The C.E.C Lands Housing and Physical Planning Uasin Gishu County
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Enforcement of Previous Court Orders
Legal Issues
- 1 Whether the court's previous orders directing the defendants to vacate the suit property should be enforced through eviction.
- 2 Whether the defendants have disobeyed the court's orders to vacate the premises.
- 3 Whether the absence of personal service on the executive officers justifies non-compliance with the court order.
Ratio Decidendi
The court found that its previous order requiring the defendants to vacate the suit property and restore possession to the plaintiffs had not been set aside or stayed by any appellate court. The respondents' explanation that executive officers were out of the country and had not been personally served was not sufficient to justify non-compliance, especially since the order had been served and there was no evidence of a stay. The court emphasized that court orders must be obeyed and that the respondents' continued occupation constituted disobedience. Consequently, the court granted the application and ordered the enforcement of its previous ruling through police-supervised eviction of the...
Court Disposition
application granted
Orders
- The ruling delivered by this court on 18/8/2016 shall be implemented by the Officer Commanding Langas police station through the eviction of the defendants/respondents and their agents and servants from land registration Number Eldoret/Municipality block 13/22 formerly LR No. 6619/35.
- The eviction exercise shall be supervised by the Officer Commanding Eldoret South Police Division and the County Commander of Uasin Gishu County.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 220 OF 2016
RAVINDRA RATILAL TAILOR …………......………...........… 1ST PLAINTIFF/APPLICANT
DAYA SINGH LAHB KALSI …………......……………......…..2ND PLAINTIFF/APPLICANT
NARINDER SINGH LOCHAB ………….….....………….....…3RD PLAINTIFF/APPLICANT
UASIN GISHU ART SOCIETY OF ELDORET…….....…….... 4TH PLAINTIFF/APPLICANT
VERSUS
THE COUNTY GOVERNMENT OF UASIN GISHU …....1ST DEFENDANT/RESPONDENT
THE C.E.C LANDS HOUSING ANDPHYSICAL PLANNING
UASIN GISHU COUNTY …………………………...... 2ND DEFENDANT/RESPONDENT
RULING
The application herein is dated 31/8/2016. The applicant seeks orders that the ruling at which of this honorable court delivered on 18/8/2016 be implemented by the O.C.S Langas police station through the eviction of the defendant/respondent and their agents and servants from the parcel of land known as land registration Number Eldoret/Municipality block 13/22 formerly LR No. 6619/35 at the said Eviction/Exercise be supervised by the OCPD Eldoret South Police Division and the County Commander of Uasin Gishu County.
The application is based on grounds that the plaintiffs/obtained orders directing status quo be maintained and putting them back in possession of the suit property pending the hearing and determination of their application for injunction. The court in making the ruling further directed that the defendants/Respondents to immediately vacate the premises and allow the plaintiffs to continue with their business temporarily pending inter partes hearing. That the Defendants/Respondents have blatantly refused and disobeyed to vacate from the suit land despite being served with the order issued by this Honorable court. That the order of this honorable court has not been set aside or stayed.
The application is opposed vide a replying affidavit of Jonathan Kiprop filed on 4/11/2016. Wherein he states that the County Secretary and all the Chief Executive Officers are in Rwanda on duty since mid-August and hence the orders issued by this Honorable court on 18th of August 2016 have not been personally served upon them. That the executive arm of the County Government is mandated with the task of relocating the respective ministries from the suit properties. That it is not true that the Respondents have blatantly refused or disobeyed in absolute terms to vacate from the suit land. That the Executive officers are expected in Kenya on 5th September, 2016 in order to comply with the court orders. That the lease to the suit property has been renewed by the National Land Commission in favor of the Government on 27th April, 2016. That they are in lawful possession and occupation of the suit property. That the orders being sought are extremely prejudicial and unfair to the Respondents since the suit premises house County Government Departmental offices. That it is not true that there are County Security Personnel on the ground to prevent the plaintiffs from obtaining access to the suit property. That they have all intention to obey said court orders subject to the arrival of the executive officers from Rwanda.
I have considered the application and the supporting affidavit together with the replying affidavit and submissions of both parties and do find that the ruling of the court has not been set aside or stayed by the Court of Appeal and therefore the application is merited. The replying affidavit does not offer any explanation as to why the orders sought should not be granted. Ultimately. I grant orders that the ruling delivered by this honorable court on 18/8/2016 be implemented by the Officer Commanding Langas police station through the eviction of the defendant/respondent and their agents and servants from the parcel of land known as land registration Number Eldoret/Municipality block 13/22 formerly LR No. 6619/3 5and the said Eviction/Exercise be supervised by the Officer commanding Eldoret South Police Division and the County Commander of Uasin Gishu County. Orders accordingly.
DATED AND DELIVERED AT ELDORET THIS 25TH DAY OF JANUARY, 2017.
A. OMBWAYO
JUDGE