David James Mbogo v Alfred C. Asikoyo & 3 others [2013] KEHC 1700 (KLR)

Facts

David James Mbogo brought a suit against four Defendants seeking to cancel the registration of Plot No. 212 Liyavo Settlement Scheme in their names and re-register it in his name. The plot was initially registered in the name of James David Mbogo but the three Defendants registered themselves as owners. Mbogo succeeded in his case and the plot was re-registered in his name. The Deputy Registrar issued an eviction order against the third Defendant, Rosemary W. Kamau, directing her to move out of the suit land and remove any person claiming under her.

Issues

1. Whether an applicant can apply for review of an extracted order given in furtherance of execution of a decree of the court.
2. Whether the eviction order was properly extracted and in accordance with the judgment of the court.

Reasoning

The eviction order was couched in a way to include other parties not party to the suit, which was not in accordance with the judgment of the court. The applicant was not a party to the suit and cannot apply for review of an extracted order.

Outcome

The application is dismissed. No further execution of the decree will be undertaken based on the current eviction order until a properly extracted eviction order is applied for and given by the Deputy Registrar.

Authorities cited