[2019] KEHC 8051 (KLR)

[2019] KEHC 8051 (KLR)

The court found that judgment had already been entered in favour of the applicant, declaring him the rightful owner of the suit land and granting the respondent 30 days to vacate. The respondent failed to comply with the judgment and did not oppose the present application for eviction. The court held that the only way for the applicant to enjoy the fruits of his judgment was to grant the eviction order sought. The court therefore allowed the application, ordered the eviction of the respondent from the suit land, and directed that the eviction be executed by an auctioneer or court broker appointed by the applicant, with the OCS Mai Mahiu providing security and maintaining peace during the...

Citation
[2019] KEHC 8051 (KLR)
Parties
Plaintiff: Wilson Ndirangu Muruthi; Defendant: Charles Sameri Mukuria
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
28 March 2019
Case Number
Environment & Land Case 155 of 2015
Procedural Posture
Eviction Application / Post Judgment Enforcement
Outcome
Application allowed. Eviction order granted.
Legal Topics
Eviction Orders, Trespass, Ownership Disputes
Source Language
English
Land and Property Eviction Orders Trespass Ownership Disputes

Case Brief

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Parties

Wilson Ndirangu Muruthi

Plaintiff

Charles Sameri Mukuria

Defendant

Procedural Posture

Eviction Application / Post Judgment Enforcement

Legal Issues

  1. 1 Whether the applicant is entitled to an eviction order against the respondent from land parcel Kijabe/Kijabe Block 1/3757.
  2. 2 Whether the respondent has failed to comply with the judgment requiring him to vacate the suit land.

Ratio Decidendi

The court found that judgment had already been entered in favour of the applicant, declaring him the rightful owner of the suit land and granting the respondent 30 days to vacate. The respondent failed to comply with the judgment and did not oppose the present application for eviction. The court held that the only way for the applicant to enjoy the fruits of his judgment was to grant the eviction order sought. The court therefore allowed the application, ordered the eviction of the respondent from the suit land, and directed that the eviction be executed by an auctioneer or court broker appointed by the applicant, with the OCS Mai Mahiu providing security and maintaining peace during the...

Court Disposition

Application allowed. Eviction order granted.

Orders

  • Order for eviction of the respondent from land parcel Kijabe/Kijabe Block 1/3757.
  • Eviction to be executed by M/s Tango Auctioneers or any other auctioneer or court broker appointed by the applicant.