[2016] KEELC 353 (KLR)
The court found that the plaintiff is the registered owner of the suit land and had obtained judgment for vacant possession. The defendant was served with the judgment and given time to vacate but failed to do so. As the defendant did not oppose the application for eviction, and there was no legal basis to deny the...
Source-derived case information.
- Citation
- [2016] KEELC 353 (KLR)
- Parties
- Plaintiff: Tegat Tea Factory; Defendant: Joshua Cheruiyot Sigei
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 2 of 2014
- Procedural Posture
- Civil Suit / Ruling on Application for Eviction After Judgment
- Outcome
- Application for eviction allowed. Eviction order granted.
- Judges
- MA Silau
- Legal Topics
- Eviction Orders, Vacant Possession, Title to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tegat Tea Factory
Plaintiff
Joshua Cheruiyot Sigei
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Eviction After Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to an order of eviction against the defendant from the suit land.
- 2 Whether the defendant was properly served with the judgment and failed to vacate as ordered.
Ratio Decidendi
The court found that the plaintiff is the registered owner of the suit land and had obtained judgment for vacant possession. The defendant was served with the judgment and given time to vacate but failed to do so. As the defendant did not oppose the application for eviction, and there was no legal basis to deny the plaintiff the fruits of its judgment, the court allowed the application and issued an eviction order. The court further directed that the eviction be executed by a named firm of auctioneers and bailiffs, with police assistance for security, and awarded costs to the plaintiff.
Court Disposition
Application for eviction allowed. Eviction order granted.
Orders
- An order of eviction is issued against the defendant from land parcel Molo South/Ikumbi Block 11 (Tachasis)/9.
- Hegeons Agencies, auctioneers and court bailiffs, are directed to execute the order of eviction.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT KERICHO
CIVIL SUIT NO.2 OF 2014
TEGAT TEA FACTORY..................................................................PLAINTIFF
VERSUS
JOSHUA CHERUIYOT SIGEI...................................................DEFENDANT
R U L I N G
(Application for eviction; judgment entered against the defendant; defendant given time to give vacant possession; defendant not vacating the suit land; order for eviction issued)
The plaintiff is the registered owner of the land parcel Molo South/Ikumbi Block 11 (Tachasis)/9. This land measures about 70. 37 acres and was purchased by the plaintiff from the previous registered owner. When the plaintiff went to take possession of the land, they found the defendant on the land and he refused to relocate. This prompted the plaintiff to file this suit seeking the eviction of the defendant.
The defendant did not enter appearance nor file defence and the matter proceeded ex-parte. Judgment was entered for the plaintiff on 27 March 2015. The defendant was given 7 days upon service of the judgment to vacate the suit land and in default the plaintiff was at liberty to apply for his eviction.
Through an application dated 25 May 2015, the plaintiff has now formally applied for the eviction of the defendant. It is averred that the judgment was served upon the defendant on 25 April 2015 but the defendant has failed to move out. The application was served upon the defendant who did not file anything to reply to it.
I can see that through the judgment on record, the defendant was given time to vacate the suit premises. He has failed to do so. The only way for the plaintiff to enjoy the fruits of its judgment is to have the defendant evicted.
I have no reason to decline this application. It is hereby allowed and an order of eviction is hereby issued. The plaintiff has applied to have the firm of Hegeons Agencies who are auctioneers and court bailiffs to execute the order of eviction. The said firm is hereby directed to execute this order of eviction. I further order the OCS Kuresoi Police Station to provide security to the court bailiff while executing this order of eviction.
The plaintiff shall also have costs of this application.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 28TH DAY OF OCTOBER, 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
In the presence of:-
Mr. Caleb Koech for Plaintiff
No Appearance for Defendant
G. Wambany Court assistant