Jonathan Bwire Ojiambo v Rosemary Auma Abangi & another [2019] KEELC 2220 (KLR)

Facts

The Plaintiff/Respondent filed a suit against the Defendants/Applicants, Rosemary Auma Abangi and Herbert Oduori Okumu, seeking an eviction order. The Defendants/Applicants filed an application for review of the eviction order.

Issues

1. Whether the order of eviction is valid and enforceable
2. Whether the application for review is justifiable

Reasoning

The court found that the eviction order was not derived from the Court of Appeal's judgement and was wrongly formulated as if it was an order of this court. The Plaintiff/Respondent should have sought directions from the Court of Appeal or filed a formal application for other relevant orders.

Outcome

The eviction order is rejected and the Plaintiff/Respondent is ordered to seek a proper order from the Court of Appeal.

Authorities cited