Wambui & another (Suing as the Administrator of the Estate of Emma Wangui Kamau - Deceased) v Karanja & another (Environment & Land Case 570 of 2017) [2025] KEELC 945 (KLR) (26 February 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 945
- Citation
- [2025] KEELC 945 (KLR)
- Decided
- 26 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction CasePostureAppeal from a previous judgmentCoramJM ONYANGO
Holding
The Court finds that the Plaintiffs are entitled to an eviction order
Facts
The Plaintiffs claim that they were ordered to transfer plot number Thika Municipality Block 9/301 to their names by a previous judgment. However, the Plaintiffs allege that the Defendant failed to give them vacant possession of the property, instead renovating it.
Issues
- Whether the Plaintiffs are entitled to an eviction order
- Whether the Defendant is in breach of the previous judgment
Reasoning
The Court considers the application, the submissions, and relevant provisions of law, concluding that the Plaintiffs are entitled to an eviction order due to the Defendant's failure to provide vacant possession.
Outcome
The Plaintiffs are granted an eviction order
Orders
- An order of eviction be issued removing the 1st Defendant/Respondent, his family, servants, employees and/or agents from plot number Thika Municipality Block 9/301 until the Plaintiffs/Applicants get vacant possession thereof
- That the Officer Commanding Thika Police Station do supervise the said eviction and provide the security thereof
- That costs of this application be borne by the 1st Defendant/Respondent
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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