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ELCAllowedEnvironment and Land Miscellaneous Application E31 of 2022· [2022] KEELC 13541 (KLR)

Terer v Yegon & 2 others

Environment and Land Court
13 October 2022
FNFM Njoroge
256 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru land court granted eviction orders because the applicants proved proper service and the defendants never responded to the case.

What this practically means

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Executive summary

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The plaintiff, Benjamin Kipyegon Terer, filed a Notice of Motion dated 3 August 2022 in the Environment and Land Court at Nakuru seeking eviction orders against the three defendants, Robert Yegon, Sarah Mutai and Edwin Yegon. The application was founded on a judgment previously delivered in Nakuru ELC 67 of 2017, in which the defendants were injuncted from, among other things, remaining on the parcels known as Molo South/Ikumbi Block 4/347 (Kamwaura) and Molo South/Ikumbi Block 4/340 (Kamwaura). On examining the affidavit of service, the court found it unsatisfactory and, at a mention on 12 October 2022, directed the applicant to file a proper affidavit of service with the appropriate annexures. The applicant complied. The court was then satisfied that the application had been effectively served upon the respondents and that sufficient notice of the hearing had been given. The respondents did not file any response, leaving the application unopposed. The court accordingly granted prayers Nos. (2), (3) and (4) of the Notice of Motion dated 3 August 2022, which carried the eviction relief. The ruling is brief, contains no citation of authorities or statutes, and makes no express order as to costs. The precise content of the granted prayers is not reproduced in the ruling itself.

Key legal issues

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01

Efficacy of service of the application

Holding

Service was effective after the applicant filed a proper affidavit of service with annexures as directed by the court

Reasoning

The court had initially found the affidavit of service unsatisfactory and directed the filing of a proper affidavit with appropriate annexures. Upon compliance, the court was satisfied that the respondents were effectively served and had sufficient notice of the hearing of the Notice of Motion.

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Grant of relief in an unopposed application

Holding

The application, being unopposed, warranted the grant of the substantive prayers

Reasoning

The respondents failed to file any response to the application despite being effectively served. The court therefore treated the application as unopposed and granted prayers Nos. (2), (3) and (4) of the Notice of Motion dated 3/8/2022, which sought eviction orders founded on a prior judgment.

Legal principles established

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  • An unopposed application may be granted where service upon the respondents is proved to have been effective and sufficient notice of the hearing given

Court orders

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  1. 1.Prayers Nos. (2), (3) and (4) in the Notice of Motion dated 3/8/2022 granted
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (not expressly stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Terer v Yegon & 2 others", Case Analysis (2022). Environment and Land Miscellaneous Application E31 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13541/eng@2022-10-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.