[2023] KEELC 22038 (KLR)
The court held that the application for eviction and demolition orders could not be granted at this stage because the respondents were not personally served with the application. The law requires that, especially where a decree is more than one year old, a 90-day notice to vacate must be issued and personally served...
Source-derived case information.
- Citation
- [2023] KEELC 22038 (KLR)
- Parties
- Plaintiff: United Kenya Limited; Defendant: John Lamison Ole Mereu; Defendant: Rukiya Ene Lamison; Defendant: Ngayami Ole Mereu; Defendant: Nankoya Ene Ngayami; Defendant: Lekutuk Ole Simpala; Defendant: Resiato Ene Lekutuk
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 959 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion for Eviction and Demolition Orders Post Judgment
- Outcome
- Application for eviction and demolition orders deferred pending compliance with statutory notice and personal service requirements.
- Judges
- MN Gicheru
- Legal Topics
- Eviction Proceedings, Execution of Decree, Service of Process, Demolition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Kenya Limited
Plaintiff
John Lamison Ole Mereu
Defendant
Rukiya Ene Lamison
Defendant
Ngayami Ole Mereu
Defendant
Nankoya Ene Ngayami
Defendant
Lekutuk Ole Simpala
Defendant
Resiato Ene Lekutuk
Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion for Eviction and Demolition Orders Post Judgment
Legal Issues
- 1 Whether the respondents were properly served with the application for eviction and demolition orders.
- 2 Whether the decree holders are entitled to eviction and demolition orders against the respondents.
- 3 What procedural requirements must be met before eviction can be enforced.
Ratio Decidendi
The court held that the application for eviction and demolition orders could not be granted at this stage because the respondents were not personally served with the application. The law requires that, especially where a decree is more than one year old, a 90-day notice to vacate must be issued and personally served on the respondents, in addition to being served on the Deputy County Commissioner and the Officer Commanding Police Division. The notice must be in English and Kiswahili and specify the manner of demolition. Only after compliance with these procedural requirements, and if the respondents fail to vacate voluntarily, may eviction be lawfully carried out. The court thus directed...
Court Disposition
Application for eviction and demolition orders deferred pending compliance with statutory notice and personal service requirements.
Orders
- Decree holders to issue a 90-day notice to the respondents to vacate the land, to be served physically on all respondents.
- Notice to be in English and Kiswahili.
Full Case Text
Judgment text and source record
29 paragraphs
United Kenya Limited v Mereu & 5 others (Environment & Land Case 959 of 2017) [2023] KEELC 22038 (KLR) (5 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22038 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 959 of 2017
MN Gicheru, J
December 5, 2023
Between
United Kenya Limited
Plaintiff
and
John Lamison Ole Mereu
1st Defendant
Rukiya Ene Lamison
2nd Defendant
Ngayami Ole Mereu
3rd Defendant
Nankoya Ene Ngayami
4th Defendant
Lekutuk Ole Simpala
5th Defendant
Resiato Ene Lekutuk
6th Defendant
Ruling
1. This ruling is on the notice of motion dated 2/5/2023. The motion which is by the decree holders is brought under Order 51 of the Civil Procedure Rules, Sections 152A, B and E of Land Act, 2012, and all the other enabling provisions of the law. It seeks the following orders.a.Eviction of the respondents from LR Kajiado/Loodariak/638, suit land.b.Demolition of the temporary residential structures, livestock pens and all other structures erected by the defendant on the suit land.c.The OCPD Kajiado West to provide security during the eviction and demolition exercise.d.Costs of the application be provided for.
2. The motion is based on seven (7) grounds, an affidavit sworn by Charles Wachira Ngundo, a director of both decree holders and three annexures. In summary the decree holders are saying that they own the suit land and this ownership was confirmed by this court’s judgment dated 3/10/2022. The same judgment ordered that the respondents should vacate the suit land. In spite of service of the said order on the respondents they have refused to vacate the land voluntarily. It is for these reasons that the filing of this motion has become necessary.
3. The respondents were not served personally with the current application. It was served upon Kituo Cha Sheria on 26/6/2023. Kituo cha sharia received the application under protest on the grounds that the respondents withdrew instructions from them and picked their file.
4. I have carefully considered the motion in its entirety and I find that service should have been personal on the respondents and not upon their counsel. Since the decree is more than one year old, the decree holder to do the following.a.Issue a notice of 90 days to the respondents to vacate the land and have it served physically on all of them.b.The said notice to be in English and Kiswahili.c.The said notice to specify how the buildings on the land will be demolished.d.The said notice to be served on the Deputy County Commissioner and the Officer Commanding Police Division of the area in which the suit land is situated.If the respondents do not vacate the suit land voluntarily, they may be evicted on expiry of the 90 days.Order accordingly.
DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 5TH DAY OF DECEMBER 2023. M.N. GICHERUJUDGE