[2017] KEELC 157 (KLR)

[2017] KEELC 157 (KLR)

The court found that the application to lift the inhibition order over land Parcel No. NYAKI/THUURA/3010 was consistent with the judgment delivered on 29:09:11. Since the relief sought in the application mirrored the orders already granted by the court, and there was no opposition from the parties, the court allowed...

Source-derived case information.

Citation
[2017] KEELC 157 (KLR)
Parties
Appellant: Batholomew Mbirithi M’Ethangata; Respondent: Grace Ngautani.J. Mugwika; Applicant: Japheth Gutuura Amathi
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Civil Appeal 120 of 2001
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application
Outcome
application allowed; inhibition order lifted; suit finalized
Legal Topics
Inhibition Orders, Land Parcel Registration, Lifting of Orders
Source Language
en
Land and Property Inhibition Orders Land Parcel Registration Lifting of Orders

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Summary, issues, holding and outcome

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Parties

Batholomew Mbirithi M’Ethangata

Appellant

Grace Ngautani.J. Mugwika

Respondent

Japheth Gutuura Amathi

Applicant

Procedural Posture

Civil Appeal / Ruling on Post Judgment Application

Legal Issues

  1. 1 Whether the inhibition order over land Parcel No. NYAKI/THUURA/3010 should be lifted as per the judgment and current application.
  2. 2 Whether the application dated 07:05:10 aligns with the prior judgment's orders.

Ratio Decidendi

The court found that the application to lift the inhibition order over land Parcel No. NYAKI/THUURA/3010 was consistent with the judgment delivered on 29:09:11. Since the relief sought in the application mirrored the orders already granted by the court, and there was no opposition from the parties, the court allowed the application. The inhibition order was therefore lifted, and the matter was marked as finalized, with no order as to costs.

Court Disposition

application allowed; inhibition order lifted; suit finalized

Orders

  • The application dated 07:05:10 is allowed.
  • The inhibition order placed over land Parcel No. NYAKI/THUURA/3010 on 31:03:03 is hereby lifted.