[2025] KEELC 5002 (KLR)

[2025] KEELC 5002 (KLR)

The court found that the plaintiff is entitled to proceed with execution of the eviction order as the area of encroachment has been ascertained by the survey report dated 28th May 2024. The court held that the bailiff conducting the eviction should be guided by the survey report and that the OCS Pap Onditi police...

Source-derived case information.

Citation
[2025] KEELC 5002 (KLR)
Parties
Plaintiff: Jacob Oreny Wadawe; Defendant: Joseph Abong’o Newa
Court
Environment and Land Court
Court Station
Environment and Land Court at Kisumu
Jurisdiction
Kenya
Judgment Date
3 July 2025
Case Number
Environment & Land Case 716 of 2015
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion for Execution/eviction
Outcome
Application allowed to the extent that the plaintiff may proceed with execution of the eviction order with police assistance as per the survey report; no order as to costs.
Judges
E Asati
Legal Topics
Eviction Orders, Execution of Judgments, Vacant Possession, Boundary Disputes
Source Language
english
Land and Property Eviction Orders Execution of Judgments Vacant Possession Boundary Disputes

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Summary, issues, holding and outcome

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Parties

Jacob Oreny Wadawe

Plaintiff

Joseph Abong’o Newa

Defendant

Procedural Posture

Environment and Land Case / Ruling on Notice of Motion for Execution/eviction

Legal Issues

  1. 1 Whether the plaintiff is entitled to enforcement of the eviction order against the defendant from land parcel Kemnwa Keyo/ogoro/499.
  2. 2 Whether the OCS Pap Onditi police station should be directed to provide security and supervise the eviction.
  3. 3 Whether the defendant has complied with the judgment and vacated the encroached land.

Ratio Decidendi

The court found that the plaintiff is entitled to proceed with execution of the eviction order as the area of encroachment has been ascertained by the survey report dated 28th May 2024. The court held that the bailiff conducting the eviction should be guided by the survey report and that the OCS Pap Onditi police station is to provide security during the eviction exercise. The court declined to make any order as to costs, noting that the plaintiff should utilize the existing orders and procedures for execution rather than filing repetitive applications. The defendant's claim of compliance was not substantiated to the court's satisfaction, and the court emphasized the need for proper...

Court Disposition

Application allowed to the extent that the plaintiff may proceed with execution of the eviction order with police assistance as per the survey report; no order as to costs.

Orders

  • The plaintiff is to proceed with execution of the eviction order if the defendant has not vacated the encroached area as shown in the survey report dated 28th May 2024.
  • The court bailiff conducting the eviction shall be guided by the survey report dated 28th May 2024 filed by the Sub-County Land Surveyor Nyando.