[2015] KEHC 1245 (KLR)
The court found that the suit land is within the jurisdiction of Marimanti Police Station, not Gatunga Police Post. As such, enforcement by the O.C.S Gatunga Police Post would be impractical and outside its territorial jurisdiction. The court exercised its discretion under Order 45 Rule 1 of the Civil Procedure...
Source-derived case information.
- Citation
- [2015] KEHC 1245 (KLR)
- Parties
- Plaintiff: Simon M. Ekurura; Defendant: Gatura Marigu Gacwe
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 34 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review of Enforcement Orders
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Review of Court Orders, Enforcement of Judgments, Territorial Jurisdiction, Execution of Land Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon M. Ekurura
Plaintiff
Gatura Marigu Gacwe
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Enforcement Orders
Legal Issues
- 1 Whether the court should review its previous enforcement orders to substitute the O.C.S Gatunga Police Post with O.C.S Marimanti Police Station for enforcement purposes.
- 2 Whether the territorial jurisdiction of the police station affects the enforceability of the court's orders.
Ratio Decidendi
The court found that the suit land is within the jurisdiction of Marimanti Police Station, not Gatunga Police Post. As such, enforcement by the O.C.S Gatunga Police Post would be impractical and outside its territorial jurisdiction. The court exercised its discretion under Order 45 Rule 1 of the Civil Procedure Rules to review its previous orders to facilitate effective enforcement. The change is procedural and does not affect the substantive rights of the parties. The application was therefore allowed to ensure the court's orders are implemented by the appropriate authority.
Court Disposition
application allowed
Orders
- The O.C.S Marimanti Police Station shall carry out the enforcement of the court's orders instead of the O.C.S Gatunga Police Post.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 34 OF 2015
SIMON M.EKURURA........................................................PLAINTIFF
VERSUS
GATURA MARIGU GACWE........................................DEFENDANT
R U L I N G
This application brought Under Order 45 Rule 1 of the Civil Procedure Rules seeks for orders:-
1. THAT this application be certified urgent.
2. THAT the Honourable Court be pleased to review its orders dated 14th July, 2015 to the extent that the enforcement be carried out by the O.C.S Marimanti Police Station instead of O.C.S Gatunga Police Post.
3. THAT costs be in the cause.
The application is buttressed by the affidavit of SIMON M. EKURURA and has the following grounds:-
1. THAT the suit land falls under the area of Jurisdiction of Marimanti Police Station.
2. THAT the O.C.S Gatunga Police Station is therefore unable to enforce the Court orders owing to the aforesaid territorial jurisdiction.
3. THAT the application is merited and the orders sought are merely facilitative and not substantive in nature.
This application seeks prayers to facilitate the implementation of this Courts Ruling delivered on 14th day of July, 2015. It is therefore allowed with the effect that the O.C.S Marimanti Police Station will carry out the apposite enforcement instead of the O.C.S Gatunga Police Post. Costs will be in the cause.
It is so ordered.
Delivered in open Court at Meru this 26th day of October, 2015 in the presence of:-
Daniel /Lilian
Thangicia for the Plaintiff
P . M. NJOROGE
JUDGE