Pauline Mutee Makumu & another v Ursula Kreszenntia & 3 others [2021] KEELC 4067 (KLR)
- Court
- Environment & Land Court
- Case number
- 4067
- Citation
- [2021] KEELC 4067 (KLR)
- Decided
- 4 March 2021
Summary at a glance
TypeCivilPostureApplication for execution of decree before taxation of costsCoramJustice Munyao Sila
The application is dismissed as premature. A decree needs to be drawn and signed before execution of the judgment.
Facts
The plaintiffs purchased a land parcel from the 1st and 2nd defendants in 2003. A guest house was constructed on the land, and the plaintiffs operated an accommodation and restaurant business. The 3rd defendant later sold the land to the plaintiffs and demolished the guest house.
Issues
- Whether the plaintiffs can execute the judgment before taxation of costs
- Whether the decree has been drawn and signed
Reasoning
The court ruled that a decree must be drawn and signed before execution of the judgment, as per Section 94 of the Civil Procedure Act. The application is premature as no decree has been drawn.
Outcome
Application dismissed
Orders
- No costs awarded to the 3rd defendant due to his misleading the court
Authorities cited
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