Stephen Waithaka Gatumbi As Administrator of the Estate of the Late Gatumbi Waithaka (Deceased) v Frumence Kariuki Muriu As Administrator of the estate of the Late Morris Muriu Maguta Ngea (Deceased) [2021] KEELC 4529 (KLR)
- Court
- Environment & Land Court
- Case number
- 4529
- Citation
- [2021] KEELC 4529 (KLR)
The court grants the defendant's application for execution of the decree, including vacant possession and police assistance. The court also grants the defendant costs of the application.
Facts
The plaintiff and defendant were involved in a land dispute. The court initially granted the defendant a stay of execution for 12 months, which expired in September 2019. The suit property was parcelled out and registered in the defendant's name. The plaintiff filed an appeal but did not file the appeal papers due to delays. The defendant then applied for execution of the decree, seeking vacant possession and police assistance.
Issues
- Whether the defendant should be granted police assistance in executing the decree
- Whether the plaintiff should be granted an extension of the stay order
Reasoning
The court found merit in the defendant's application, noting that the stay order had expired and the defendant was the registered proprietor of the land. The plaintiff's delay in filing the appeal was not considered a valid reason for the stay.
Outcome
The defendant's application for execution of the decree is granted.
Orders
- The defendant is granted vacant possession of the suit property
- The defendant is granted police assistance to enforce the decree
- The plaintiff is granted costs of the application
Remedies
- Vacant possession of the suit property
- Police assistance to enforce the decree
- Costs of the application
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