Jims Fresh Vegetable Growers and Exporters Limited v Locland Limited & another (Environment & Land Case 277 of 2011) [2024] KEELC 6216 (KLR)
The bottom line
#The Environment and Land Court ordered Jim's Fresh Vegetable Growers to vacate two Kitengela parcels within 30 days and to pay eviction costs.
What this practically means
#Executive summary
#Key legal issues
#Whether an eviction order should issue against the Plaintiff in respect of land parcels Kajiado/Kitengela/5110 and 8125
The Motion was allowed; the Plaintiff was ordered to vacate within 30 days failing which forceful eviction was authorised
The Court held the Decree of 16th June 2023 remained valid and had not been set aside or varied. The Plaintiff had already obtained a conditional stay in September 2020 which lapsed for non-compliance and could not re-litigate stay. Leave to appeal out of time had been denied by the Court of Appeal, so no appeal was subsisting and the Plaintiff's continued occupation served only to deny the Defendants their right to property.
Whether the Plaintiff could rely on substantial loss and the pending appeal to resist eviction
No - substantial loss was not proven and no appeal was subsisting since leave to appeal out of time had been denied
The Court noted correspondence on the record showing the Court of Appeal had, on 24th May 2024, denied the Plaintiff's application for leave to appeal out of time in Civil Application E496 of 2023. With no subsisting appeal, the Plaintiff's claims of substantial loss and a nugatory appeal had no foundation and the Decree had to be enforced.
Legal principles established
#- A decree of the Environment and Land Court is enforceable in accordance with the Civil Procedure Rules
- Where a decree is for delivery of immovable property, possession shall be delivered to the party adjudged, removing any person bound by the decree who refuses to vacate
- A party cannot re-litigate an application for stay of execution already determined by the Court
Court orders
#- 1.An order directing the Plaintiff to vacate the suit properties, Kajiado/Kitengela/5110 and Kajiado/Kitengela/8125 within 30 days hereof failure to which the Defendants and/or their authorized agents, are at liberty to forcefully evict the Plaintiff
- 2.The Officer Commanding Station (O.C.S) Kitengela Police Station, is hereby directed to provide assistance and oversee the enforcement of the eviction under order (i)
- 3.The Plaintiff be and is hereby ordered to pay the costs of the eviction exercise that may be incurred by the Defendants
- 4.The Plaintiff shall bear the costs of this Motion
- Jurisdiction invoked
- Articles 40 and 159 of the Constitution of Kenya, 2010; Sections 3, 13, 14 and 19 of the Environment and Land Court Act, 2011; Order 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jims Fresh Vegetable Growers and Exporters Limited v Locland Limited & another (Environment & Land Case 277 of 2011) [2024] KEELC 6216 (KLR)", Case Analysis (2024). ELC Suit (Notice of Motion dated 5th October 2023) – Kajiado/Kitengela parcels 5110 and 8125. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6216/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.