Albert Sore Mang’ula v Josephat N. Wanangwe & 2 others [2021] KEELC 2861 (KLR)
- Court
- Environment & Land Court
- Case number
- 2861
- Citation
- [2021] KEELC 2861 (KLR)
- Decided
- 22 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for review and stay of execution of eviction ordersCoramN.A. MATHEKA, LIVINGSTONE ODENYI WANANGWE, LABAN
Holding
The application is dismissed with costs as the defendants have not shown any mistake or error apparent on the face of the record.
Facts
The plaintiff, Albert Sore Mang’ula, sought eviction of the defendants, Josephat N. Wanangwe, Livingstone Odenyi Wanangwe, and Laban J. Wanangwe, from their portion of land, parcel number Marama/Lunza/54, which measures 2.6 hectares.
Issues
- Whether the defendants are entitled to stay on the disputed land
- Whether the court's eviction orders are clear and enforceable
Reasoning
The court found that the defendants have not disobeyed the eviction orders and that the court's orders are clear. The defendants' application for review and stay of execution is not merited.
Outcome
Application dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap. 21 Laws of Kenya
- Civil Procedure Rules
Cases cited (4)
- Kwame Kariuki & Another Vs. Mohamed Hassan Ali & 4 Others (2014) eKLR
- Mwihoko Housing Company Limited vs Equity Building Society (2007) 2 KLR 171
- Rose Kaiza Vs Angelo Mpanju Kaiza 2009
- National Bank of Kenya vs Ndungu Njau (1996)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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