[1] The Notice of Motion dated 9 th October 2024 was filed by the plaintiff pursuant to the provisions of Sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act for orders that:
[a] Spent
[b] That the officer Commanding Mosoriot Police Station be directed to provide security for the valuation to be undertaken of L R No. Nandi/Mutwot/179 which forms the subject of the decree of the court issued on 16 th July 2024.
[c] That costs of the application be in the cause.
[2] The application was premised on the grounds that the plaintiff moved the Court seeking distribution of matrimonial property after her marriage to the defendant was dissolved; and that the Court, in its judgment dated 16 th May 2024 pronounced itself on the same. The plaintiff averred that it is necessary for the property to be valued to enable enforcement of the decree of the Court but the same cannot be done because of resistance, including threats of violence, from the defendant. She accordingly contended that, unless the orders sought are granted, the valuation exercise cannot be undertaken.
[3] The application was duly served on the defendant and thus far no response has been filed thereto. The Affidavit of Service sworn by Ms. Laureen M. I. Sawe , Advocate, on 7 th July 2026 confirms that Hearing Notice was duly served on the defendant’s counsel. The matter proceeded ex parte due to non-attendance on the part of the defendant.
[4] Having given due consideration to the application together with the averments set out in its Supporting Affidavit, I am satisfied that it has merit. The same is hereby allowed and orders granted as follows:
[a] That the Officer Commanding Mosoriot Police Station be and is hereby directed to provide security for valuation to be undertaken in respect of L R No. Nandi/Mutwot/179 which forms the subject of the decree of the court issued on 16 th July 2024.
[b] That costs of the application be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 22 ND DAY OF JULY 2026
[a] Spent
[b] That the officer Commanding Mosoriot Police Station be directed to provide security for the valuation to be undertaken of L R No. Nandi/Mutwot/179 which forms the subject of the decree of the court issued on 16 th July 2024.
[c] That costs of the application be in the cause.
[2] The application was premised on the grounds that the plaintiff moved the Court seeking distribution of matrimonial property after her marriage to the defendant was dissolved; and that the Court, in its judgment dated 16 th May 2024 pronounced itself on the same. The plaintiff averred that it is necessary for the property to be valued to enable enforcement of the decree of the Court but the same cannot be done because of resistance, including threats of violence, from the defendant. She accordingly contended that, unless the orders sought are granted, the valuation exercise cannot be undertaken.
[3] The application was duly served on the defendant and thus far no response has been filed thereto. The Affidavit of Service sworn by Ms. Laureen M. I. Sawe , Advocate, on 7 th July 2026 confirms that Hearing Notice was duly served on the defendant’s counsel. The matter proceeded ex parte due to non-attendance on the part of the defendant.
[4] Having given due consideration to the application together with the averments set out in its Supporting Affidavit, I am satisfied that it has merit. The same is hereby allowed and orders granted as follows:
[a] That the Officer Commanding Mosoriot Police Station be and is hereby directed to provide security for valuation to be undertaken in respect of L R No. Nandi/Mutwot/179 which forms the subject of the decree of the court issued on 16 th July 2024.
[b] That costs of the application be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 22 ND DAY OF JULY 2026