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ELCPartially AllowedEnvironment & Land Case 90 of 2019· [2022] KEELC 14899 (KLR)

Njari Mathew Mbatia t/a Matson Auctioneers & another v Kariuki & 2 others

Environment and Land Court
17 November 2022
552 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This ruling by J G Kemei of the Environment and Land Court at Thika determined an unopposed notice of motion dated 5 April 2022 by Njari Mathew Mbatia, a licensed Class B auctioneer trading as Matson Auctioneers, brought under Section 5 of the Auctioneers Rules 1997 and Section 3 of the Civil Procedure Act. The applicant sought an order for police assistance - specifically supervision by the officer commanding Makongeni police station - in executing the decree issued on 10 December 2020, which ordered demolition of illegal structures on LR No. Thika Municipality Block 29/644. The applicant explained that he had earlier obtained a similar order on 14 October 2021 directing the OCS Thika Police Station, but that order was erroneous because the suit property lies outside the jurisdiction of Thika Police Station; the present application sought to correct that anomaly. The application was supported by the applicant's affidavit and written submissions by M/S Kamau Kinga & Co. Advocates, and was unopposed. The court confirmed that judgment had been entered on 10 December 2020 in favour of the plaintiff, including demolition orders, and that a decree had been extracted. Holding that court orders are not issued in vain and that a party unable to execute orders may approach the court for assistance, the court allowed the application with no orders as to costs and directed the applicant to comply fully with Section 152G of the Land Act.

Key legal issues

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01

Whether the court should grant police assistance for execution of a demolition decree

Holding

Application allowed; execution to proceed with supervision of OCS Makongeni police station, correcting the earlier order directed to OCS Thika which was outside the property's jurisdiction

Reasoning

Judgment of 10/12/2020 ordered demolition of illegal structures on the suit property. A prior order for assistance through OCS Thika was erroneously directed as the property lies outside Thika Police Station's jurisdiction. The court held orders are not issued in vain and parties unable to execute may seek the court's assistance.

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Legal principles established

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  • Court orders are not issued in vain; a party unable to execute court orders may approach the Court for assistance

Court orders

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  1. 1.Order granting the Applicant, with the assistance of the officer commanding Makongeni police station, supervision in the execution of the decree of 10th December 2020 for demolition of illegal structures on LR No. Thika Municipality Block 29/644
  2. 2.No orders as to costs
  3. 3.Applicant ordered to comply fully with the provisions of Section 152G of the Land Act

Authorities

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Legislation

  • Auctioneers RulesSection 5
  • Civil Procedure ActSection 3
  • Land ActSection 152G
Jurisdiction invoked
Section 5 of the Auctioneers Rules 1997 and Section 3 Civil Procedure Act

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, "Njari Mathew Mbatia t/a Matson Auctioneers & another v Kariuki & 2 others", Case Analysis (2022). Environment & Land Case 90 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14899/eng@2022-11-17

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