[2020] KEELC 3186 (KLR)
The court did not make a final determination on the merits of the application at this stage. Instead, it directed that the application be heard inter partes before the Honourable Lady Justice Lucy Mbugua at Meru on 24th March, 2020. The ruling was limited to procedural directions, as the applicant was not present at...
Source-derived case information.
- Citation
- [2020] KEELC 3186 (KLR)
- Parties
- Applicant: Abdulla Mohammed Abdulla; Respondent: Ali Mohamed Abdulla
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 07 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Urgent Application; Directions for Inter Partes Hearing
- Outcome
- Application stood over for inter partes hearing; no substantive orders granted at this stage.
- Legal Topics
- Caution on Land, Removal of Caution, Land Registrar Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulla Mohammed Abdulla
Applicant
Ali Mohamed Abdulla
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Urgent Application; Directions for Inter Partes Hearing
Legal Issues
- 1 Whether the respondent's caution on Meru Municipality Block 1/4 should be removed.
- 2 Whether the respondent lodged the caution irregularly and in bad faith.
- 3 Whether the caution hinders the applicant's use and development of the property.
Ratio Decidendi
The court did not make a final determination on the merits of the application at this stage. Instead, it directed that the application be heard inter partes before the Honourable Lady Justice Lucy Mbugua at Meru on 24th March, 2020. The ruling was limited to procedural directions, as the applicant was not present at the ex parte stage and the matter required a full hearing with both parties present. The court recognized the urgency of the application but deferred substantive orders until the inter partes hearing.
Court Disposition
Application stood over for inter partes hearing; no substantive orders granted at this stage.
Orders
- Application to be heard by Honourable Lady Justice Lucy Mbugua, ELC Judge, at Meru on 24th March, 2020.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
MERU MISCELLANEOUSAPPLICATION CASE NO. 07 OF 2020
ABDULLA MOHAMMED ABDULLA..........................................APPLICANT
VERSUS
ALI MOHAMED ABDULLA......................................................RESPONDENT
RULING
1. This application is dated 5th March, 2020 and was brought to court under Certificate of urgency. It seeks orders:-
1. That the application be certified urgent and in view of that urgency, the same be heard on priority, expeditiously and exparte in the first instance.
2. That the honourable court be pleased to order/direct the respondent to forthwith remove the caution lodged on the suit plot No. Meru Municipality Block ¼, failure to which and in the alternative, the honourable court do order and direct the Land Registrar Meru Deregisters/lifts and or removes the caution lodged by the respondent on the suit plot No. Meru Municipality Block ¼.
3. That costs of the application be paid to the applicant by the respondent.
2. The application is supported by the applicant’s affidavit and has the following grounds:
i) The suit plot No. Meru Municipality Block ¼ was the subject of litigation before this honourable court in E & L Case No. 12 of 2012 which was determined on 18th July, 2013.
ii) The respondent has irregularly and after determination and execution of the decree in Meru High Court E & L Case o. 12 of 2012 proceeded to lodge a caution on the suit plot No. Meru Municipality Block ¼.
iii) The caution is unnecessary hindrance to the applicant’s use and development of the suit plot NO. Meru Municipality Block ¼.
iv) The caution is irregular and a scheme to render the honorable court’s judgment in E & L of 2012 useless.
v) The respondent lodged the caution in bad faith.
vi) It is in the interest of justice that the orders sought be granted.
3. At the exparte stage the applicant was not in court.
4. It is directed that the application be heard by the Honourable Lady Justice Lucy Mbugua, ELC Judge, at Meru on 24th March, 2020.
Delivered in open Court at Chuka this 11th day of March, 2020 in the presence of:
CA: Ndegwa
Parties not in court
P. M. NJOROGE,
JUDGE.