[2013] KEHC 1974 (KLR)
The court found that since the application for inhibition was not opposed by the respondent, and considering the need to preserve the suit property pending the determination of the main suit, it was just and proper to grant the inhibition order as sought by the applicant. The court exercised its discretion to ensure...
Source-derived case information.
- Citation
- [2013] KEHC 1974 (KLR)
- Parties
- Applicant: Catherine Mwendwa Kinyua; Respondent: Francis Kithaka Nkiruta
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 11 of 2013
- Procedural Posture
- Civil Suit / Interlocutory Application Ruling
- Outcome
- Application allowed; inhibition order granted.
- Judges
- FM Njoroge
- Legal Topics
- Land Inhibition Orders, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Mwendwa Kinyua
Applicant
Francis Kithaka Nkiruta
Respondent
Procedural Posture
Civil Suit / Interlocutory Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to an inhibition order over L.R No. LOWER-ABOTHUGICHI/LOWER-KIIJA 1418 – 1483 pending the hearing and determination of the suit.
Ratio Decidendi
The court found that since the application for inhibition was not opposed by the respondent, and considering the need to preserve the suit property pending the determination of the main suit, it was just and proper to grant the inhibition order as sought by the applicant. The court exercised its discretion to ensure that the subject matter of the dispute is not rendered nugatory by any dealings during the pendency of the suit.
Court Disposition
Application allowed; inhibition order granted.
Orders
- L.R No. LOWER-ABOTHUGICHI/LOWER-KIIJA 1418 – 1483 is hereby inhibited by order of this court pending the hearing and determination of this suit.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 11 of 2013 (O.S)
CATHERINE MWENDWA KINYUA....................................APPLICANT/PLAINTIFF
VS
FRANCIS KITHAKA NKIRUTA.......................................RESPONDENT/DEFENDAT
R U L I N G
The application herein is dated 4th January, 2013 and came up for inter parties hearing on 5th August, 2013.
Having considered what both parties told the court, the application is not opposed.
It is allowed to the effect that L.R No. LOWER- ABOTHUGICHI/ LOWER-KIIJA 1418 – 1483be inhibited by this court's order pending the hearing and determination of this suit.
Costs shall be in the cause.
Delivered in open court at Meru this 5th Day of August 2012 in the presence of. Court Clerk, Mwonjaru.
Ayub Anampiu for the Applicant
Francis Kithaka Nkuruta- Respondent
P.M. NJOROGE
JUDGE