[2015] KEHC 1225 (KLR)
The court found that since the suit had been withdrawn by consent of the parties, there was no longer any basis for the inhibition order placed on Land Parcel No. NTIMA/NTAKIRA/2847. The parties had agreed by consent to the withdrawal of the suit and the lifting of the inhibition, with no order as to costs. The...
Source-derived case information.
- Citation
- [2015] KEHC 1225 (KLR)
- Parties
- Plaintiff: Doris Makena; Defendant: Lucy Kanyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 109 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application to Lift Inhibition Following Withdrawal of Suit
- Outcome
- Application allowed by consent; inhibition order lifted; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Inhibition Orders, Land Title, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Makena
Plaintiff
Lucy Kanyua
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Lift Inhibition Following Withdrawal of Suit
Legal Issues
- 1 Whether the inhibition order placed on Land Parcel No. NTIMA/NTAKIRA/2847 should be lifted following the withdrawal of the suit.
- 2 Whether any party is entitled to costs after the withdrawal and lifting of the inhibition.
Ratio Decidendi
The court found that since the suit had been withdrawn by consent of the parties, there was no longer any basis for the inhibition order placed on Land Parcel No. NTIMA/NTAKIRA/2847. The parties had agreed by consent to the withdrawal of the suit and the lifting of the inhibition, with no order as to costs. The court adopted the consent as its order, thereby cancelling the inhibition and confirming that there would be no order as to costs. The fundamental reasoning was that the withdrawal of the suit extinguished the substratum for the inhibition, and the parties' consent provided a just and final resolution to the matter.
Court Disposition
Application allowed by consent; inhibition order lifted; no order as to costs.
Orders
- The inhibition placed against Land Parcel No. NTIMA/NTAKIRA/2847 is hereby lifted and/or cancelled.
- There is no order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO.109 OF 2009 (O.S.)
DORIS MAKENA..........................................................PLAINTIFF/RESPONDENT
VERSUS
LUCY KANYUA..............................................................DEFENDANT/APPLICANT
R U L I N G
This application is dated 28. 8.2015. It seeks orders:
1. THAT the Honourable Court be pleased to issue an order cancelling and/or lifting the order of Inhibition placed against the defendant/applicant's LAND PARCEL NO.NTIMA/NTAKIRA/2847 pursuance to this Court's Order granted on 20th August 2009
2. THAT upon granting prayer No. 1 herein above, the orders cancelling and/or lifting the said Inhibition be served upon the Land Registrar, Meru Central for compliance.
3. THAT costs of this application be in the cause.
The Application is buttressed by the affidavit of LUCY KANYUA and has the following grounds:
1. There is no suit pending herein the same having been withdrawn on 7th July 2015.
2. The suit herein having been withdrawn, the order of inhibition placed against the defendant's/applicant's LAND PARCEL NO. NTIMA/NTAKIRA/2847 should equally be cancelled and/or lifted.
3. No prejudice will be occasioned to the plaintiff/respondent herein the suit herein having been withdrawn with no orders as to costs.
4. It is only just and fair that the orders sought for herein be granted.
On 2. 11. 2015, the parties proffered a consent which they asked this court do adopt as its order. The consent is duly signed by the advocates representing the parties. The consent is dated 2. 11. 2015 and is in the following terms:
CONSENT ORDER
“By consent, in view of the consent orders dated 7th July 2015 marking this suit as withdrawn with no orders as to costs, the inhibition placed against Land Parcel No. Ntima/Ntakira/2847be and is hereby lifted and/or cancelled. There be no order asto costs.”
The consent is adopted as an order of this court. As per the consent, there is no order as to costs.
It is so ordered.
Delivered in Open Court at Meru this 2nd day of November, 2015 in the presence of:
Cc. Daniel/Lilian
Nyamu for Defendant/Applicant
Rimita for Plaintiff/Respondent
P. M. NJOROGE
JUDGE