[2022] KEELC 13541 (KLR)
The court found that the applicant had complied with the requirement to properly serve the respondents with the application for eviction orders, as evidenced by the satisfactory affidavit of service filed with the necessary annexures. The respondents, having been duly served and given sufficient notice, failed to...
Source-derived case information.
- Citation
- [2022] KEELC 13541 (KLR)
- Parties
- Applicant: Benjamin Kipyegon Terer; Respondent: Robert Yegon; Respondent: Sarah Mutai; Respondent: Edwin Yegon
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E31 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Eviction Application Post Judgment
- Outcome
- Application allowed; eviction orders granted as prayed in prayers (2), (3), and (4) of the Notice of Motion dated 3/8/2022.
- Judges
- FM Njoroge
- Legal Topics
- Eviction Orders, Enforcement of Judgment, Affidavit of Service
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Kipyegon Terer
Applicant
Robert Yegon
Respondent
Sarah Mutai
Respondent
Edwin Yegon
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Eviction Application Post Judgment
Legal Issues
- 1 Whether the respondents were properly served with the application for eviction orders.
- 2 Whether the applicant is entitled to eviction orders based on the prior judgment and lack of opposition.
Ratio Decidendi
The court found that the applicant had complied with the requirement to properly serve the respondents with the application for eviction orders, as evidenced by the satisfactory affidavit of service filed with the necessary annexures. The respondents, having been duly served and given sufficient notice, failed to file any response or opposition to the application. In the absence of opposition and in light of the prior judgment restraining the respondents from remaining on the subject properties, the court granted the eviction orders as sought in prayers (2), (3), and (4) of the Notice of Motion dated 3/8/2022.
Court Disposition
Application allowed; eviction orders granted as prayed in prayers (2), (3), and (4) of the Notice of Motion dated 3/8/2022.
Orders
- Eviction orders granted against the respondents from Molo South/Ikumbi Block 4/347 (Kamwaura) and Molo South/Ikumbi Block 4/340 (Kamwaura).
- Enforcement of the prior judgment in Nakuru ELC 67 of 2017.
Full Case Text
Judgment text and source record
23 paragraphs
Terer v Yegon & 2 others (Environment and Land Miscellaneous Application E31 of 2022) [2022] KEELC 13541 (KLR) (13 October 2022) (Ruling)
Neutral citation: [2022] KEELC 13541 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment and Land Miscellaneous Application E31 of 2022
FM Njoroge, J
October 13, 2022
Between
Benjamin Kipyegon Terer
Plaintiff
and
Robert Yegon
1st Defendant
Sarah Mutai
2nd Defendant
Edwin Yegon
3rd Defendant
Ruling
1. The applicant filed an application dated 3/8/2022 seeking eviction orders against the respondents on the basis that judgment was delivered in Nakuru ELC 67 of 2017 against the respondents in which they were injuncted from inter alia remaining on Molo South/Ikumbi Block 4/347 (Kamwaura) and Molo South/Ikumbi Block 4/340 (Kamwaura).
2. Having examined the Affidavit of service in the matter and found it not satisfactory this court mentioned the matter on 12/10/2022 and ordered the filing of a proper Affidavit of service with the appropriate annextures attached and the applicant complied. I am therefore satisfied that the application was effectively served upon the respondents and sufficient notice was given to the respondents of the hearing of the instant Notice of Motion.
3. However, the respondents have failed to file any response thereto and it is therefore unopposed.
4. Consequently, I grant prayers Nos. (2), (3) and (4) in the Notice of Motion dated 3/8/2022.
DATED, SIGNED AND ISSUED AT NAKURU VIA ELECTRONIC MAIL ON THIS 13TH DAY OF OCTOBER, 2022. MWANGI NJOROGEJUDGE, ELC, NAKURU