Solome Naliaka Wabwile v Alfred Okumu Musinaka [2022] KEELC 1200 (KLR)
- Court
- Environment & Land Court
- Case number
- 1200
- Citation
- [2022] KEELC 1200 (KLR)
The plaintiff is allowed another two (2) months from the date of this ruling to relocate her family from the land parcel NO BUNGOMA/KABISI/61. In default, she shall be evicted from the land parcel NO BUNGOMA/KABISI/61 in compliance with the mandatory provision of Section 152 G of the Land Act.
Facts
The plaintiff, Solome Naliaka Wabwile, was ordered to vacate the land parcel NO BUNGOMA/KABISI/61 within 6 months from 27th May 2020. She did not vacate the land and did not appeal the order. The defendant, Alfred Okumu Musinaka, obtained an eviction order on 25th August 2021.
Issues
- Whether the plaintiff should be allowed more time to vacate the land
- Whether the eviction order is lawful and regular
Reasoning
The plaintiff had 6 months to vacate the land, but she did not vacate or appeal the order. The court considers the 6 months to be sufficient and allows more time due to the plaintiff's plans to relocate her family.
Outcome
The plaintiff is granted an extension of two months to vacate the land.
Orders
- The plaintiff is allowed another two (2) months from the date of this ruling to relocate her family from the land parcel NO BUNGOMA/KABISI/61.
- In default, the plaintiff shall be evicted from the land parcel NO BUNGOMA/KABISI/61 in compliance with the mandatory provision of Section 152 G of the Land Act.
Remedies
- Costs follow the event.
Authorities cited
Legislation (2)
- Land Act
- Civil Procedure Act
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