Registered Trustees Kisii Sports Club v Registered Trustees (Evangelical Lutheran Church of Kenya) (Environment and Land Case 1 of 2023) [2025] KEELC 18576 (KLR) (17 December 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18576
- Citation
- [2025] KEELC 18576 (KLR)
- Decided
- 17 December 2025
The court orders the Respondent to vacate the suit property and the costs of the application shall be borne by the Respondent.
Facts
The Plaintiff, Registered Trustees Kisii Sports Club, filed a motion seeking an order for the Defendant, Registered Trustees (Evangelical Lutheran Church of Kenya), to vacate and be evicted from land parcel Kisii Municipality/Block II/132. The court previously decreed that the Defendant should give an alternative piece of land in exchange for the parcel, but the Defendant has not complied with this order.
Issues
- Whether the Respondent should vacate and/or be evicted from the suit property
- Who should bear the costs of the application
Reasoning
The court emphasized the need to obey court orders and noted that the Respondent has not complied with the previous decree for over two years, causing the Plaintiff to suffer injustice.
Outcome
The application is allowed.
Orders
- The Respondent is ordered to vacate the suit property forthwith
- The costs of this application shall be borne by the Respondent
Remedies
- Vacation of the suit property
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