Alex Kihonge Mukoma v Joseph Ngugi Mburu & 2 others [2019] KEELC 2011 (KLR)
The bottom line
#Kenya's Environment and Land Court ordered two respondents evicted from land they had refused to vacate, and made them pay all eviction costs.
What this practically means
#Executive summary
#Key legal issues
#Whether eviction orders should issue following an unopposed application for execution of judgment
The court issued eviction orders against the 2nd and 3rd respondents, who had declined to vacate despite judgment and notice
The respondents were served with the motion but filed no response. The court found the applicant's assertion that they refused to vacate unchallenged. To enable the applicant enjoy the fruits of the judgment, eviction orders were granted, with the applicant to appoint an auctioneer or court broker and the OCS Ol Joro Orok to provide security.
Whether police security and costs of eviction should be granted
The OCS Ol Joro Orok was directed to provide security and the 2nd and 3rd respondents were to bear the costs of the application and eviction
The applicant sought security during execution and costs from the respondents. Since the application was unopposed and the respondents had defied the earlier judgment, the court directed police assistance for a successful exercise and made the respondents liable for the costs.
Legal principles established
#- A successful litigant is entitled to the enjoyment of the fruits of his judgment through execution
- Unchallenged, uncontroverted evidence stands unopposed and may be acted upon
Court orders
#- 1.Orders of eviction issued against the 2nd and 3rd respondents from land parcels Nyandarua/Kangui Township/136 and 137
- 2.The applicant directed to appoint an auctioneer or court broker to execute the order of eviction
- 3.The OCS Ol Joro Orok ordered to provide requisite security for the eviction exercise
- 4.Costs of the application and costs of eviction awarded against the 2nd and 3rd respondents
- On appeal from
- Chief Magistrate's Court at Nyahururu
- Suit commenced in 2001 (CMCC Nyahururu)
- Jurisdiction invoked
- First-instance application for execution of the court's own judgment of 3 May 2018 in an appeal from the Chief Magistrate's Court, Nyahururu
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alex Kihonge Mukoma v Joseph Ngugi Mburu & 2 others [2019] KEELC 2011 (KLR)", Case Analysis (2019). Application dated 4 April 2019 (arising from appeal from Nyahururu CMCC suit No. of 2001). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2011/eng@2019-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.