MATHEW KIRIAGO AKAMA & ANOTHER V MATHEW KANGWANA (Environment & Land Case 305 of 2010) [2012] KEHC 5847 (KLR) (Environment and Land) (21 September 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 5847
- Citation
- [2012] KEHC 5847 (KLR)
- Decided
- 21 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for enforcement of judgmentCoramR. Ougo
Holding
The court ordered the OCS Lang’ata Police station to enforce and ensure compliance with the previous judgment, supervise the execution of the decree, and put the Plaintiffs in possession of the suit property.
Facts
The Plaintiffs/Applicants filed a Notice of Motion application seeking orders to enforce a previous judgment that declared them the bonafide proprietors of the suit property and ordered the removal of structures erected thereon. Despite service of the decree, the Respondent Matthew Kangwana has not removed the buildings and remains in occupation.
Issues
- Enforcement of previous judgment
- Removal of structures
Reasoning
The court found that the Respondent has failed to comply with the previous judgment and has obstructed the Plaintiffs' entry into the suit property.
Outcome
Application granted
Orders
- Order for enforcement of judgment
- Order for supervision of execution of decree
- Order for Plaintiffs' possession of suit property
Remedies
- Removal of structures
- Enforcement of judgment
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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