Albert Sore Mangala v Josephat N Wanangwe & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Kakamega
Category
Civil
Judge(s)
N.A. Matheka
Judgment Date
September 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Albert Sore Mangala v Josephat N Wanangwe & 2 others [2020] eKLR, analyzing key legal findings and implications. Perfect for legal professionals and students.

Case Brief: Albert Sore Mangala v Josephat N. Wanangwe & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Albert Sore Mangala v. Josephat N. Wanangwe, Livingstone Odeny Wanangwe, Laban J. Wanangwe
- Case Number: ELC CASE NO. 376 OF 2017
- Court: Environment and Land Court at Kakamega
- Date Delivered: 28th September 2020
- Category of Law: Civil
- Judge(s): N.A. Matheka
- Country: Republic of Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the plaintiff is entitled to an order for security during the execution of an eviction decree and whether the defendants have complied with the court's previous judgment regarding the eviction from the property in question.

3. Facts of the Case:
The plaintiff, Albert Sore Mangala, initiated legal proceedings against the defendants, Josephat N. Wanangwe, Livingstone Odeny Wanangwe, and Laban J. Wanangwe, seeking an eviction order for the property identified as L.R.S. Marama/Lunza/54. The eviction decree was issued on 24th September 2019, granting the defendants six months to vacate the premises. The defendants, however, failed to comply with this order, prompting the plaintiff to seek security for the execution of the decree to prevent any potential breach of peace during the eviction process.

4. Procedural History:
The application for security was filed on 29th April 2020 under section 3A of the Civil Procedure Act. The plaintiff argued that the defendants had neglected to vacate the property despite the court's order. The first defendant acknowledged the court's ruling but expressed concerns regarding his entitlement to land, as he had not received a title deed for his allocated portion. The court reviewed the submissions and confirmed that the defendants had not appealed the judgment and had failed to vacate the property.

5. Analysis:
- Rules: The court considered the provisions of the Civil Procedure Act, particularly section 3A, which allows for the issuance of orders to ensure the execution of court judgments and to maintain peace during such processes.
- Case Law: While specific case law was not cited in the ruling, the court likely relied on precedents regarding the enforcement of eviction orders and the necessity of compliance with court directives.
- Application: The court found that the defendants had not complied with the eviction order and had not filed any appeal against the judgment. The court emphasized the importance of obeying court orders and determined that security was necessary to ensure a peaceful execution of the decree. Consequently, the application for security was granted, with costs awarded to the plaintiff.

6. Conclusion:
The court ruled in favor of the plaintiff, granting the application for security during the eviction process. This decision underscores the court's commitment to enforcing its orders and maintaining public order during the execution of judgments.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was unanimous in favor of granting the application for security.

8. Summary:
The court's ruling in Albert Sore Mangala v. Josephat N. Wanangwe et al. highlights the enforcement of eviction orders and the necessity of compliance with court judgments. The decision to grant security during the execution of the eviction reflects the court's role in preventing potential conflicts and ensuring the rule of law is upheld. This case serves as a significant reference point for future matters involving eviction and the need for security measures in similar civil proceedings.

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