Case ID:165483

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