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ELCPartially AllowedNot stated in the judgment

Mberia v Rimberia & another (Environment and Land Case 306 of 2017) [2026] KEELC 383 (KLR)

Environment and Land Court
30 January 2026
BEB M Eboso
109 words in judgment
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·~1 min to read original · ~4 min brief

The bottom line

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A Chuka court allowed an unopposed application to enforce a Court of Appeal land decree, and the losing party must pay the legal costs.

What this practically means

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Executive summary

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This is an ex tempore ruling delivered by B M Eboso, ELC Judge, at Chuka on 30 January 2026, determining an application dated 22 January 2026 in a matter in which a decree is being enforced. The court recorded that the underlying matter had gone up to the Court of Appeal and that the decree now sought to be enforced was one issued by the Court of Appeal itself. The court observed that prayers (a) and (c) of the application were spent at that point and could not be granted. No opposition to the application was on record. In the absence of any opposition, the court allowed the application in terms of prayer (b). The court further ordered that the defendant bear the costs of the application. The ruling was delivered in the presence of Mr Oginga, instructed by M/s Roba & Associates LLP, appearing for the defendant, and Ms Gikundi for the plaintiff/decree holder; the defendant was absent. The court assistant was Nelly. The judgment does not reproduce the prayers, pleadings or evidence, contains no cited authorities or statutory provisions, and the precise content of the allowed prayer is not set out on the face of the ruling, which limits the detail that can be recorded from the judgment alone.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application dated 22/1/2026 should be allowed in the absence of opposition

Key legal issues

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01

Whether the application dated 22/1/2026 ought to be allowed

Holding

Allowed in terms of prayer (b), the court being satisfied that the enforcement of the decree remains live

Reasoning

The court observed that the matter had gone to the Court of Appeal and that what was being enforced was a decree issued by the Court of Appeal. Prayers (a) and (c) were noted as spent, and with no opposition filed, the court allowed the application to the extent of prayer (b) and awarded costs of the application to the plaintiff against the defendant.

p. 1

Legal principles established

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  • An unopposed application may be allowed on the terms sought where the relief sought remains live

Court orders

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  1. 1.Application dated 22/1/2026 allowed in terms of prayer (b)
  2. 2.Costs of the application to be borne by the defendant

The bench

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One judgment of the whole court — no separate or dissenting opinions.

BE
majority

Wrote the judgment

On appeal from
Court of Appeal
Jurisdiction invoked
Not stated; ex tempore enforcement ruling in the Environment and Land Court

Relief refused

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Prayers (a) and (c) of the application

Spent at this point

p. 1

Costs

The defendant shall bear costs of the application

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

This matter went up to the Court of Appeal. What is being enforced is a decree that was issued by the Court of Appeal.
p. 1Nature of proceedings - enforcement of appellate decree
In the absence of any opposition, the application dated 22/1/2026 is allowed in terms of prayer (b). The defendant shall bear costs of the application.
p. 1Final orders - unopposed application allowed

Issues in the judgment

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minor

Prayers (a) and (c) of the application are described as spent, yet the application is simultaneously recorded as allowed; the dispositive relief is only prayer (b), whose content is not reproduced 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, "Mberia v Rimberia & another (Environment and Land Case 306 of 2017) [2026] KEELC 383 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/383/eng@2026-01-30

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