[2020] KEELC 3495 (KLR)
The court found that the inhibition order registered against Title Number Nyaki/Giaki/865 was issued in the context of Meru High Court Civil Case No. 247 of 1989, which was never concluded due to loss of the court file. A subsequent suit (Meru ELC No. 113 of 2013 (OS)) resulted in a judgment in favour of the...
Source-derived case information.
- Citation
- [2020] KEELC 3495 (KLR)
- Parties
- Applicant: Andrew Mungatia Anjuri & 2 Others; Respondent: Kirima Gideon Ringera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 74 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Lift Inhibition Order
- Outcome
- application allowed
- Legal Topics
- Inhibition Orders, Adverse Possession, Land Registration, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Mungatia Anjuri & 2 Others
Applicant
Kirima Gideon Ringera
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Lift Inhibition Order
Legal Issues
- 1 Whether the inhibition order registered against Title Number Nyaki/Giaki/865 should be lifted to effectuate the judgment in favour of the applicants.
- 2 Whether the continued existence of the inhibition order prevents registration of the applicants as owners by way of adverse possession.
Ratio Decidendi
The court found that the inhibition order registered against Title Number Nyaki/Giaki/865 was issued in the context of Meru High Court Civil Case No. 247 of 1989, which was never concluded due to loss of the court file. A subsequent suit (Meru ELC No. 113 of 2013 (OS)) resulted in a judgment in favour of the applicants, granting them ownership by adverse possession. The continued existence of the inhibition order now prevents the applicants from being registered as owners in accordance with the judgment. Since the purpose of the inhibition has been overtaken by the final judgment, and there is no opposition to the application, the court held that it is fair and just to lift the inhibition...
Court Disposition
application allowed
Orders
- The inhibition order registered against Title Number Nyaki/Giaki/865 is lifted.
- The order lifting the inhibition shall be served upon the District Land Registrar, Meru Central District, for compliance.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC MISC. 74 OF 2019
ANDREW MUNGATIA ANJURI & 2 OTHERS.......................APPLICANTS
VERSUS
KIRIMA GIDEON RINGERA...................................................RESPONDENT
RULING
1. Vide the application dated 19. 11. 2019, the applicant seeks the following orders:
(i) “Spent.
(ii) That this honourable court be pleased to order that the inhibition order issued and registered against the parcel of land known as Title Number Nyaki/Giaki/865 be lifted.
(iiii) That the order lifting the inhibition be served upon the district land registrar Meru Central District for compliance.
(iv) That costs of this application be in the cause.
2. The application is premised on the grounds set out as follows:
(i) That sometime in the 1989 the applicants herein filed Meru High Court civil case No. 247 of 1989 seeking for orders inter alia transfer of parcel of land No. Nyaki/Giaki/865 a 1/3 share each of the applicant and compelling the respondent to sign relevant documents to transfer the suit land to the applicants.
(ii) That inhibition orders were issued restricting any dealings thereon and the same was registered against the suit land. The 1st applicant had also lodged a caution thereon.
(iii) That the court file in Meru High court civil case no. 247 of 1989 got lost at the court’s registry before the matter was concluded and the same could not be traced hence necessitating filing of a fresh suit, the same being Meru ELC No. 113 of 2013 (OS).
(iv) That on 25th April, 2018, the court delivered its judgment in Meru ELC No. 311 of 2013 (OS) in favour of the applicants to be registered as the owners of parcel of land No. Nyaki/Giaki/865 by way of adverse possession.
(v) That the orders of inhibition issued in Meru High court civil case No. 247 of 1989 and registered against the suit land are still in force and the judgment delivered on 25th April, 2018 cannot be effected and therefore the applicants seek to have the order of inhibition lifted.
(vi) That its only fair and just that this application be allowed to lift the order of inhibition herein to effectuate the judgment herein”.
3. The 1st applicant Andrew Mungatia Anjuri has also filed a supporting affidavit where he has given a step by step account of how the inhibition was lodged in respect of the suit parcel No. Nyaki/Giaki/865.
4. The application was served but no response has so far been filed, hence the same is unopposed.
5. I find that the application is merited. The same is allowed as drawn.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 26TH FEBRUARY, 2020 IN THE PRESENCE OF:-
C/A: Kananu
Mr. Muriithi holding brief for Ms. Muriithi for applicant
HON. LUCY. N. MBUGUA
ELC JUDGE