[2012] KEHC 1159 (KLR)
The court found that the Notice of Motion filed on 11th March, 2012 was merited based on the pleadings, affidavits, and submissions presented. The applicant demonstrated sufficient grounds for the grant of prayers 1, 2, and 3. The court exercised its discretion to award costs to the 4th Interested Party, finding...
Source-derived case information.
- Citation
- [2012] KEHC 1159 (KLR)
- Parties
- Plaintiff: Capoterra for Africa Limited; Defendant: Registrar of Titles, Mombasa; Respondent: 1st Interested Party; Respondent: 4th Interested Party
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 8 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion
- Outcome
- Notice of Motion allowed in terms of prayers 1, 2, and 3 with costs to the 4th Interested Party.
- Judges
- CW Meoli
- Legal Topics
- Land Title Registration, Notice of Motion, Interested Parties, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Capoterra for Africa Limited
Plaintiff
Registrar of Titles, Mombasa
Defendant
1st Interested Party
Respondent
4th Interested Party
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion
Legal Issues
- 1 Whether the Notice of Motion filed on 11th March, 2012 is merited for granting.
- 2 Whether the plaintiff is entitled to the reliefs sought in prayers 1, 2 and 3 of the Notice of Motion.
- 3 Whether costs should be awarded to the 4th Interested Party.
Ratio Decidendi
The court found that the Notice of Motion filed on 11th March, 2012 was merited based on the pleadings, affidavits, and submissions presented. The applicant demonstrated sufficient grounds for the grant of prayers 1, 2, and 3. The court exercised its discretion to award costs to the 4th Interested Party, finding that their participation was instrumental in the determination of the application. The ruling was limited to the operative orders, with full reasons reserved for a later date.
Court Disposition
Notice of Motion allowed in terms of prayers 1, 2, and 3 with costs to the 4th Interested Party.
Orders
- Notice of Motion dated 11th March, 2012 is allowed in terms of prayers 1, 2, and 3.
- Costs awarded to the 4th Interested Party.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
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CAPOTERRA FOR AFRICA LIMITED.........................................................................PLAINTIFF
VERSUS
REGISTRAR OF TITLES, MOMBASA.....................................................................DEFENDANT
R U L I N G
Having carefully considered the pleadings herein, the respective affidavits and submissions filed in respect of the Notice of Motion filed on 11th March, 2012 I am persuaded that the said Notice of Motion is merited for granting. I do therefore allow the Notice of Motion in terms of prayers 1, 2 and 3 with costs to the 4th Interested Party.
Full reasons for this decision will be read on 6th December, 2012 at 2. 30pm.
Delivered and signed this 5th day of November, 2012 in the presence of Ms. Baraza for 1st Interested Party, Mr. Mola holding brief for Mr. Kaguchia for 4th Interested Party, other parties absent.
C. W. Meoli
JUDGE
COURT
Certified copies of ruling be supplied.
C. W. Meoli
JUDGE