[2014] KEELC 318 (KLR)
The court found that the defendant had been served with the decree requiring him to vacate the suit land within 7 days of judgment but had failed to comply. The court held that the plaintiff, as the successful party, was entitled to enforce the judgment through eviction. The court therefore allowed the application,...
Source-derived case information.
- Citation
- [2014] KEELC 318 (KLR)
- Parties
- Plaintiff: Rusy Jeserem Kirui; Defendant: Francis Chepsiror Kipchirchir
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 424 of 2012
- Procedural Posture
- Eviction Application / Ruling on Post Judgment Eviction Application
- Outcome
- Application allowed. Eviction order granted against the defendant.
- Legal Topics
- Eviction Orders, Permanent Injunctions, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rusy Jeserem Kirui
Plaintiff
Francis Chepsiror Kipchirchir
Defendant
Procedural Posture
Eviction Application / Ruling on Post Judgment Eviction Application
Legal Issues
- 1 Whether the defendant should be evicted from the suit land for failing to comply with the court's decree.
- 2 Whether the plaintiff is entitled to enforcement of the eviction order and related reliefs.
Ratio Decidendi
The court found that the defendant had been served with the decree requiring him to vacate the suit land within 7 days of judgment but had failed to comply. The court held that the plaintiff, as the successful party, was entitled to enforce the judgment through eviction. The court therefore allowed the application, ordered the defendant's eviction from the suit land, and directed the plaintiff to appoint a court bailiff for execution, with police security provided. The defendant was also ordered to bear the costs of the application.
Court Disposition
Application allowed. Eviction order granted against the defendant.
Orders
- The defendant shall be evicted from land parcel Moi's Bridge/Sirikwa Block 2 (Ziwa)/540 forthwith.
- The plaintiff is directed to appoint a court bailiff to execute the order of eviction.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E&L 424 OF 2012
Formerly HCC 57 of 2008
RUSY JESEREM KIRUI...............................................................................PLAINTIFF
VS
FRANCIS CHEPSIROR KIPCHIRCHIR..................................................DEFENDANT
(Application for an eviction order; defendant having failed to move out of the suit land despite being ordered to do so in the decree; application allowed)
RULING
The application before me is that dated 25 September 2013 filed by the successful plaintiff. It seeks orders to have the defendant evicted from the land parcel Moi's Bridge/Sirikwa Block 2 (Ziwa)/540.
In the suit, the plaintiff had inter alia sought orders to have the defendant evicted from the suit land and a permanent injunction to restrain him from any further interference on the suit land. The matter proceeded for hearing and I gave judgment for the plaintiff on 20 June 2013. I ordered the defendant to vacate within 7 days of the judgment and also issued orders of permanent injunction restraining him from any further interference with the suit land. In this application, the plaintiff contends that despite being served with the decree, the defendant has refused to move out of the suit land.
I have perused the application and the orders sought. Since the defendant has failed to move out as ordered in the decree, I do not hesitate to issue an order that the defendant be evicted from the suit land forthwith. I direct the plaintiff to appoint a court bailiff to execute the order of eviction and further order the OCPD Ziwa Police Station to provide security.
The defendant shall bear the costs of this application.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 10TH DAY OF JULY 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET
Delivered in the presence of:
Mr. E.M. Balaongo for plaintiff/applicant.
N/A for defendant/respondent