[2012] KEHC 4676 (KLR)
The court found that the 1st Defendant, as the registered proprietor of the land, was not given notice of the entry of the restriction and that the Plaintiff had no legitimate interest in the parcel to justify the restriction. Therefore, there was no basis for maintaining the restriction, and the application for its...
Source-derived case information.
- Citation
- [2012] KEHC 4676 (KLR)
- Parties
- Plaintiff: Alfred Ngutuku Wamalwa; Defendant: Justus Mboya Ogonyo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 62 of 2007
- Procedural Posture
- Civil Suit / Ruling on Motion to Remove Restriction
- Outcome
- Application for removal of restriction allowed.
- Legal Topics
- Land Restrictions, Land Registration, Notice of Entry, Removal of Restriction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Ngutuku Wamalwa
Plaintiff
Justus Mboya Ogonyo
Defendant
Procedural Posture
Civil Suit / Ruling on Motion to Remove Restriction
Legal Issues
- 1 Whether the restriction registered on land parcel East Bukusu/South Nalondo/4270 should be removed.
- 2 Whether the plaintiff has any interest in the parcel of land justifying the restriction.
- 3 Whether notice of the entry of the restriction was given to the 1st defendant.
Ratio Decidendi
The court found that the 1st Defendant, as the registered proprietor of the land, was not given notice of the entry of the restriction and that the Plaintiff had no legitimate interest in the parcel to justify the restriction. Therefore, there was no basis for maintaining the restriction, and the application for its removal was justified.
Court Disposition
Application for removal of restriction allowed.
Orders
- The restriction registered on land parcel East Bukusu/South Nalondo/4270 on 15/1/2009 is hereby removed.
Full Case Text
Judgment text and source record
11 paragraphs
IN REPUBLIC OF KENYA
IN THE HIGH COURT
AT MOMBASA
CIVIL SUIT NO.62 OF 2007
ALFRED NGUTUKU WAMALWA...........................................................................PLAINTIFF
~VRS~
JUSTUS MBOYA OGONYO..........................................................................1ST DEFENDANT
By the motion dated 31/1/2012 the 1st Defendant seeks that the court does order the removal of the restriction registered on the land parcel number East Bukusu/South Nalondo/4270 on 15/1/2009. The title is registered in the name of the 1st Defendant and the restriction was placed thereon at the instance of the Plaintiff. The 1st Defendant claims that the Plaintiff has no interest in the parcel and that no notice of the entry of the restriction was given to him.
I consider that the 1st Defendant has no counterclaim that would form the basis of the present application.
Dated, signed and delivered at Bungoma this 8th day of May, 2012.
A. O. MUCHELULE