[2014] KEHC 2463 (KLR)

[2014] KEHC 2463 (KLR)

The court found that the applicant, having obtained judgment in his favour on 10th October, 2013, was entitled to vacant possession of Land Parcel NO.TIMAU/SETTLEMENT SCHEME/1066. The respondent, his heirs, assigns, agents, and family members were ordered to vacate the property, failing which they would be forcibly...

Source-derived case information.

Citation
[2014] KEHC 2463 (KLR)
Parties
Applicant: Zaccheaus Gitonga Ruruchiu; Respondent: Kenneth Kirimi Kaburu
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 9 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Execution Application
Outcome
Application allowed. Orders for vacant possession and eviction granted. Police assistance ordered. Costs to applicant.
Judges
FM Njoroge
Legal Topics
Vacant Possession, Eviction Orders, Land Ownership Disputes
Source Language
en
Land and Property Vacant Possession Eviction Orders Land Ownership Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zaccheaus Gitonga Ruruchiu

Applicant

Kenneth Kirimi Kaburu

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Post Judgment Execution Application

Legal Issues

  1. 1 Whether the applicant is entitled to vacant possession of Land Parcel NO.TIMAU/SETTLEMENT SCHEME/1066.
  2. 2 Whether the respondent and those claiming under him should be evicted from the suit property.
  3. 3 Whether the OCS Timau Police Station should facilitate the eviction.

Ratio Decidendi

The court found that the applicant, having obtained judgment in his favour on 10th October, 2013, was entitled to vacant possession of Land Parcel NO.TIMAU/SETTLEMENT SCHEME/1066. The respondent, his heirs, assigns, agents, and family members were ordered to vacate the property, failing which they would be forcibly evicted. The court further directed the OCS Timau Police Station to facilitate the execution of the eviction order to ensure compliance and maintain public order. Costs were awarded to the applicant as the successful party.

Court Disposition

Application allowed. Orders for vacant possession and eviction granted. Police assistance ordered. Costs to applicant.

Orders

  • The respondent, his heirs, assigns, agents, and family members to give vacant possession of Land Parcel NO.TIMAU/SETTLEMENT SCHEME/1066 to the applicant, failing which they be forcibly evicted.
  • The OCS Timau Police Station to facilitate the execution of the eviction order.