[1998] KEHC 129 (KLR)

[1998] KEHC 129 (KLR)

The court found that since the decree in favour of the plaintiff was issued on 6.6.1991 and the defendant's appeal was dismissed on 16.9.1996, there were no further pending matters. Therefore, the plaintiff was entitled to enforcement of the decree, including removal of the defendant and any crops from the land...

Source-derived case information.

Citation
[1998] KEHC 129 (KLR)
Parties
Plaintiff: Stephen Wanyee Kinuthia; Defendant: Simona Macharia Kinuthia
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 3081 of 1987
Procedural Posture
Civil Case / Post Appeal, Enforcement of Decree
Outcome
Application allowed as prayed.
Legal Topics
Eviction, Possession Orders, Enforcement of Decree
Source Language
en
Land and Property Eviction Possession Orders Enforcement of Decree

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Wanyee Kinuthia

Plaintiff

Simona Macharia Kinuthia

Defendant

Procedural Posture

Civil Case / Post Appeal, Enforcement of Decree

Legal Issues

  1. 1 Whether the plaintiff is entitled to be placed in full possession of land parcel No. LOC. 8/KAGANDA/360.
  2. 2 Whether the defendant and any crops should be removed from the said land in execution of the decree.

Ratio Decidendi

The court found that since the decree in favour of the plaintiff was issued on 6.6.1991 and the defendant's appeal was dismissed on 16.9.1996, there were no further pending matters. Therefore, the plaintiff was entitled to enforcement of the decree, including removal of the defendant and any crops from the land parcel No. LOC. 8/KAGANDA/360 and being placed in full possession. The court broker was accordingly directed to execute these orders, as the defendant had exhausted all avenues of appeal and the matter was concluded.

Court Disposition

Application allowed as prayed.

Orders

  • The court broker is directed to remove crops, if any, and the defendant from land parcel No. LOC. 8/KAGANDA/360.
  • The plaintiff is to be placed in full possession of the said land.