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Land And Property [2025] KEELC 4238 (KLR)

Njenga v Kariuki & another

Njenga v Kariuki & another [2025] KEELC 4238 (KLR)

Court
Environment and Land Court
Case number
Environment & Land Case 323 of 2015
Judge
JA Mogeni

The court found that there was a valid and enforceable judgment in favour of the applicant, and no stay or review application had been filed by the respondents. The issues raised by the respondents regarding the existence and ownership of the suit property were not raised at trial and could not be entertained at the execution stage. The court held that the applicant was entitled to execute the decree and to police assistance to maintain law and order during eviction. The application for eviction and police assistance was therefore merited and allowed.

Source excerpt

  • Eviction Orders
  • Execution Of Judgment
  • Police Assistance In Execution
  • Vacant Possession
  • Stay Of Execution
  • Specific Performance
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Civil Procedure [2025] KEHC 1038 (KLR)

Brits Freighters Limited v Muchendu t/a Icon Auctioneers

Brits Freighters Limited v Muchendu t/a Icon Auctioneers [2025] KEHC 1038 (KLR)

Court
High Court
Case number
Commercial Case E142 of 2023
Judge
RC Rutto

The application for police assistance to facilitate the attachment of goods in execution of a decree was sub judice because two earlier, identical applications seeking the same relief between the same parties concerning the same subject matter were still pending before the trial court.

Source excerpt

  • Sub Judice
  • Execution Of Decree
  • Police Assistance In Execution
  • Abuse Of Process
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Land And Property [2024] KEELC 13553 (KLR)

Odondi v Shikuku

Odondi v Shikuku [2024] KEELC 13553 (KLR)

Court
Environment and Land Court
Case number
Environment & Land Case E005 of 2020
Judge
BN Olao

The court allowed an enforcement application in part, ordering the OCS Adungosi Police Station to provide security during execution of a land decree, but not to carry out the eviction.

  • Eviction Orders
  • Enforcement Of Judgments
  • Trespass To Land
  • Police Assistance In Execution
  • Eviction-orders
  • Enforcement-of-judgments
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Civil Procedure [2024] KEHC 12164 (KLR)

Gituma Otieno & Co Advocates v Inovet Systems Limited & another

Gituma Otieno & Co Advocates v Inovet Systems Limited & another [2024] KEHC 12164 (KLR)

Court
High Court
Case number
Miscellaneous Application E726 of 2022
Judge
FG Mugambi

The High Court allowed an application for police assistance during execution, finding the auctioneer was licensed and no stay of execution was in force.

  • Execution Of Decrees
  • Auctioneer Powers
  • Police Assistance In Execution
  • Stay Of Execution
  • Taxation Of Costs
  • Police-assistance-in-execution
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Land And Property [2024] KEELC 6578 (KLR)

Muthoki Brothers Company Limited v Wasanga

Muthoki Brothers Company Limited v Wasanga [2024] KEELC 6578 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Appeal E108 of 2022
Judge
OA Angote

The Environment and Land Court dismissed an application for stay of execution and to set aside execution-related orders, finding no res judicata but holding the applicant delayed and showed no substantial loss.

  • Stay Of Execution
  • Res Judicata
  • Specific Performance
  • Eviction Proceedings
  • Police Assistance In Execution
  • Stay-of-execution
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Land And Property [2024] KEELC 6015 (KLR)

In re Chris Allan Butende t/a Status Auctioneers

In re Chris Allan Butende t/a Status Auctioneers [2024] KEELC 6015 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Appeal 32 of 2022
Judge
LL Naikuni

The court found that the applicant, a licensed auctioneer, had established a clear right to enforce the judgment and decree awarding the suit property to the appellant. The respondent's conduct in resisting execution, including hostility and attempts to circumvent court orders, justified the need for a break-in order and police assistance. The Auctioneers' Rules expressly permit such applications where resistance or breach of peace is anticipated. The court was satisfied that the applicant met the higher threshold for a mandatory injunction, as the circumstances were clear and the respondent…

Source excerpt

  • Eviction Orders
  • Auctioneer Powers
  • Police Assistance In Execution
  • Mandatory Injunctions
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Civil Procedure [2024] KEHC 8276 (KLR)

Benard Onkoba t/a Betico Auctioneers & another v Oteke & 2 others

Benard Onkoba t/a Betico Auctioneers & another v Oteke & 2 others [2024] KEHC 8276 (KLR)

Court
High Court
Case number
Civil Appeal E116 of 2023
Judge
TA Odera

The High Court dismissed an appeal over repossession of a motor vehicle, holding the magistrate was bound by prior judicial review orders and that the appeal lacked merit.

  • Auctioneer Powers
  • Repossession Of Property
  • Judicial Review Orders
  • Police Assistance In Execution
  • Auctioneer-powers
  • Repossession-of-property
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Civil Procedure [2024] KEHC 1970 (KLR)

Odongo Investment Auctioneers v Gusii Water & Sanitation Company Ltd

Odongo Investment Auctioneers v Gusii Water & Sanitation Company Ltd [2024] KEHC 1970 (KLR)

Court
High Court
Case number
Miscellaneous Application E27 of 2021
Judge
TA Odera

The High Court allowed an auctioneer’s application for police escort and extended expired warrants of attachment and sale for 45 days to enable execution.

  • Execution Of Decrees
  • Auctioneer Powers
  • Warrants Of Attachment
  • Police Assistance In Execution
  • Execution-of-decrees
  • Auctioneers-rules
Read case analysis
Civil Procedure [2024] KEHC 722 (KLR)

Odongo t/a Odongo Investment Auctioneers & another v Chemilil Sugar Company Limited

Odongo t/a Odongo Investment Auctioneers & another v Chemilil Sugar Company Limited [2024] KEHC 722 (KLR)

Court
High Court
Case number
Miscellaneous Civil Application E009 of 2024
Judge
RE Aburili

The High Court at Kisumu allowed an ex parte application for police assistance to enable auctioneers to execute a decree and take proclaimed property from the respondent’s premises.

  • Execution Of Decrees
  • Auctioneer Powers
  • Police Assistance In Execution
  • Execution-of-decrees
  • Auctioneers
  • Police-assistance-in-execution
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Civil Procedure [2023] KEELC 18715 (KLR)

Muinde v Mavua & another; Mavua (Plaintiff)

Muinde v Mavua & another; Mavua (Plaintiff) [2023] KEELC 18715 (KLR)

Court
Environment and Land Court
Case number
Miscellaneous Application E029 of 2022
Judge
A Nyukuri

The court granted an auctioneer police escort under Rule 9 of the Auctioneers Rules, 2009, to remove proclaimed goods after reported resistance from the judgment debtor.

  • Execution Of Judgment
  • Auctioneer Powers
  • Police Assistance In Execution
  • Warrants Of Attachment
  • Execution-of-judgment
  • Auctioneer-powers
Read case analysis

About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.