Peter K. Gitahi & another v Akuisi Farmers Co. Ltd & another [2019] KEELC 4405 (KLR)
- Court
- Environment & Land Court
- Case number
- 4405
- Citation
- [2019] KEELC 4405 (KLR)
- Decided
- 13 February 2019
Application dismissed. The duty to execute the judgment is upon the directors of Akuisi Company Limited. The applicants need to consider filing an application for contempt against the directors.
Facts
Peter K. Gitahi and Ndungu Mugoya, plaintiffs, filed a suit against Akuisi Farmers Limited and John Kagai, alleging that the company owned land parcels LR Nos. 8943, 8944, and 9949, and sought orders for distribution among the company's 3353 members. The defendants did not file any defence nor appear at the hearing.
Issues
- Execution of the decree
- Responsibility for executing the decree
Reasoning
The court is not persuaded that the decree is best executed by the County Commissioner or other strangers, and suggests the applicants file an application for contempt against the directors of Akuisi Farmers Company Limited.
Outcome
Application dismissed
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