Ntinyari v Gichu (The Personal Representative of the Estate of Joyce Kaburo Rauga) (Enviromental and Land Originating Summons 3 of 2019) [2025] KEELC 6567 (KLR) (29 September 2025) (Ruling) Neutral citation: [2025] KEELC 6567 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIROMENTAL AND LAND ORIGINATING SUMMONS 3 OF 2019 BM EBOSO, J SEPTEMBER 29, 2025 BETWEEN ELIZABETH NTINYARI ........................................................................... PLAINTIFF AND JUDY RAUGA GICHU (THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JOYCE KABURO RAUGA) ............................................................. DEFENDANT RULING 1. Vide the notice of motion dated 16/4/2025, the defendant seeks various post-judgment orders against the plaintifi, among them, an eviction order. She also seeks a post-judgment permanent injunction restraining the plaintifi against interfering with their quiet possession of the suit land. Lastly, she wants the OCS of Giaki Police Station to provide security during implementation of the above orders. 2. Judgment in this matter was rendered on 5/7/2023 by Yano J. The court dismissed the plaintifi’s suit for lack of merit. There was no counterclaim by the defendant. The defendant having failed to make a counterclaim, and there being no positive decree in favour of the defendant except the award of costs, this suit is not available as a platform on which to canvass for the reliefs that are sought in the postjudgment application. The post-judgment application by the defendant is misconceived and fatally defective on the ground that it is anchored on a negative decree. 3. Consequently, the application dated 16/4/2025 is struck out for being fatally incompetent. There are no special circumstances to warrant a departure from the general principle in Section 77 of the Civil Procedure Act – that costs follow the event. The applicant shall bear costs of the application. DATED SIGNED AND DELIVERED AT MERU THIS 29TH DAY OF SEPTEMBER, 2025. B M EBOSO [MR] ELC JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6567/eng@2025-09-29 1
Original judgment
Ntinyari v Gichu (The Personal Representative of the Estate of Joyce Kaburo Rauga) (Enviromental and Land Originating Summons 3 of 2019) [2025] KEELC 6567 (KLR)
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