[2015] KEHC 2871 (KLR)
The court found that the application was merited as it sought to facilitate the implementation of the court's earlier judgment in favour of the appellant. The court held that the decree holder was entitled to possession and enforcement of the decree, including eviction of the judgment debtor, and that the Deputy...
Source-derived case information.
- Citation
- [2015] KEHC 2871 (KLR)
- Parties
- Appellant: Stanley Karuntimi M’Mwamba; Respondent: Kenneth Gitonga M’Ringera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Judgment Date
- 22 September 2015
- Case Number
- Civil Appeal 114 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Enforcement Application
- Outcome
- Application allowed in part; orders for execution and eviction granted; costs to applicant.
- Judges
- FM Njoroge
- Legal Topics
- Decree Enforcement, Eviction Orders, Execution of Judgment
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Karuntimi M’Mwamba
Appellant
Kenneth Gitonga M’Ringera
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should order the Deputy Registrar to sign documents to give possession to the decree holder.
- 2 Whether the court should order eviction of the judgment debtor by a court bailiff.
- 3 Whether police assistance should be provided to facilitate enforcement of the court's orders.
Ratio Decidendi
The court found that the application was merited as it sought to facilitate the implementation of the court's earlier judgment in favour of the appellant. The court held that the decree holder was entitled to possession and enforcement of the decree, including eviction of the judgment debtor, and that the Deputy Registrar could be directed to sign necessary documents. The court further held that police assistance could be provided if necessary to ensure compliance with the orders. The court thus allowed the substantive prayers for execution and eviction, and awarded costs to the applicant.
Court Disposition
Application allowed in part; orders for execution and eviction granted; costs to applicant.
Orders
- The Deputy Registrar of the High Court of Kenya at Meru is directed to sign/execute documents to give possession to the decree holder.
- Eviction of the judgment debtor to be enforced by a court bailiff.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO 114 OF 2011
STANLEY KARUNTIMI M’MWAMBA .................................APPELLANT
VERSUS
KENNETH GITONGA M’RINGERA ...................................RESPONDENT
RULING
This Ruling relates to an application dated 16/09/15 brought to Court by way of a Certificate of Urgency.
It seeks the following orders:-
1. THAT this application be certified as urgent and be heard on priority basis.
2. THATthis Honourable Court be pleased to issue orders directing the Deputy Registrar of the High Court of Kenya at Meru to sign/execute to give possession to the decree holder.
3. THATthis Honourable Court be pleased to order that eviction of the judgement debtor be enforced by a Court bailiff.
4. THAT this Honourable Court be pleased to grant such other orders as to meet the ends of justice.
5. THAT costs of the application be provided for.
It is supported by the Supporting Affidavit of Kimathi Kibiti and has the following grounds:-
1. THAT this Honourable Court entered judgement on the 8th day of July, 2015 in favour of the Appellant/decree holder.
2. THAT a decree was extracted and signed on the 7th day of August, 2015 to enable execute the Court’s judgement.
3. THAT the decree holder has been unable to enforce the decree as warrants for eviction have not been issued by this Honourable Court.
4. THAT it is only fair, just and equitable that this Application is allowed as prayed to help meet the ends of justice.
I find that the Application seeks to facilitate the implementation of this Court’s Judgement delivered on 8th July, 2015. In the circumstances, prayers 2 and 3 in the application are allowed. Regarding prayer number 4, I direct that the O.C.S, Kariene Police Station, if this is found necessary, to facilitate the implementation of the Orders granted herein.
Costs are awarded to the Applicant.
It is so ordered.
Delivered in Open Court at Meru this 22nd day of September, 2015 in the presence of:-
CC: Lilian/Daniel
Mutegi for the Applicant.
P.M. NJOROGE
JUDGE