Bonventure Odeyo Obuyu & another v Bernard Mulembo Namwamba & another [2019] KEHC 11069 (KLR)
- Court
- High Court of Kenya
- Case number
- 11069
- Citation
- [2019] KEHC 11069 (KLR)
- Decided
- 28 February 2019
The court allows the application to enjoin the intended interested party and directs them to implement the decree, but the Applicants must pay the costs of the application.
Facts
The Applicants obtained a decree in 2015 granting them a declaration that a plot of land is part of the estate of the late Elias Malomba Obuyu. The judgment debtor, Bernard Mulembo Namwamba, registered the plot in his name. The Applicants sought to enforce the decree, but the intended interested party, the Ministry of Lands, refused to implement it.
Issues
- Whether the court can enjoin the intended interested party in a concluded case
- Whether the court can direct the intended interested party to implement the decree
Reasoning
The court found that the intended interested party was not a party to the proceedings and that the judgment was not addressed to them. The court emphasized the need to ensure justice is done and that the decree is not defeated.
Outcome
Application allowed
Orders
- Enjoin the intended interested party to implement the decree
- Direct the intended interested party to implement the decree
Remedies
- Enjoin the intended interested party to implement the decree
- Direct the intended interested party to implement the decree
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- R v Commissioner of Lands: Misc. Appl. No. 96 of 1998
- Mike Maina v Commissioner of Lands & others: Civil Appeal No. 221/1997
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