Case ID:165483
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
David Ananda Okumu v Geoffrey Evans Omwalo & another [2020] eKLR
Case Metadata
Case Number:
Environment and Land Case 195 of 2015
Parties:
David Ananda Okumu v Geoffrey Evans Omwalo & Nancy Benta Okutoyi
Date Delivered:
28 Oct 2020
Case Class:
Civil
Court:
Environment and Land Court at Kakamega
Case Action:
Ruling
Judge(s):
Nelly Awori Matheka
Citation:
David Ananda Okumu v Geoffrey Evans Omwalo & another [2020] eKLR
Court Division:
Environment and Land
County:
Kakamega
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KAKAMEGA
ELC CASE NO. 195 OF 2015
DAVID ANANDA OKUMU.....................................................PLAINTIFF/RESPONDENT
VERSUS
GEOFFREY EVANS OMWALO
NANCY BENTA OKUTOYI.................................................DEFENDANTS/APPLICANTS
RULING
The application is dated 14
th
August 2020 and is brought under Section 3A of the Civil Procedure Act orders:-
1. That the officer commanding Musanda Police Station be directed to provide security during the execution of the decree issued herein against the respondent herein.
2. That costs be provided for.
It is based on the grounds that the applicant herein obtained a decree for eviction order dated 31
st
day of May, 2018 against the respondent herein who were given three (3) months to abide by the order. That the respondent has neglected and/or refused to move and deliver up vacant possession of the L.R. S. Wanga/Musanda/8. That security is needed during the execution of the said decree so as to avoid breach of peace.
The respondent submitted that he has never been served with any order to evict him from the said parcel of land S. Wanga/Musanda/8. That the judgment was issued on 31
st
May, 2018 against the respondent herein. That he is the respondent and a grandson to the deceased namely Alfred Wandanda Wang’anya. That he filed an application for summons for revocation of grant on Kakamega Succession Case No. 43 of 2006 dated 20
th
July, 2018 and filed on 31
st
July, 2018. That the notice of motion filed before this court lacks merit and the same should be dismissed with costs to the respondent. That it is the interest of justice, be fairness and objective of the law that the orders sort in the notice of motion be dismissed with costs to the respondent.
This court has considered the application and the submissions therein. I have perused the court file and find that the applicant herein obtained a decree for eviction order dated 31
st
day of May, 2018 against the respondent herein who were given three (3) months to abide by the order. The applicants submit that the respondent has neglected and/or refused to move and deliver up vacant possession of the L.R. S. Wanga/Musanda/8. There is no stay in this matter and court orders must be obeyed. I find that this application is merited and I grant it as prayed.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 28
TH
OCTOBER 2020.
N.A. MATHEKA
JUDGE