[2017] KEELC 653 (KLR)
The court found that the issues raised in the application, specifically the lifting of encumbrances on the suit land, can be properly canvassed and determined by the Chief Magistrate's Court at Chuka. There was no substantive determination on the merits of the application for lifting the encumbrances; instead, the...
Source-derived case information.
- Citation
- [2017] KEELC 653 (KLR)
- Parties
- Plaintiff: Eliphas Njue; Defendant: Bedford Mugendi Njue
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 17 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Lifting of Encumbrances and Transfer of Suit
- Outcome
- Suit transferred to the Chuka Chief Magistrate's Court for hearing and determination.
- Judges
- FM Njoroge
- Legal Topics
- Land Registration, Cautions and Inhibitions, Removal of Encumbrances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eliphas Njue
Plaintiff
Bedford Mugendi Njue
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Lifting of Encumbrances and Transfer of Suit
Legal Issues
- 1 Whether the court should lift all encumbrances on land parcel LR: MWIMBI/MURUGI/721.
- 2 Whether the application should be heard and determined by the Chuka Chief Magistrate's Court.
Ratio Decidendi
The court found that the issues raised in the application, specifically the lifting of encumbrances on the suit land, can be properly canvassed and determined by the Chief Magistrate's Court at Chuka. There was no substantive determination on the merits of the application for lifting the encumbrances; instead, the court exercised its discretion to transfer the suit to the appropriate forum for hearing and determination.
Court Disposition
Suit transferred to the Chuka Chief Magistrate's Court for hearing and determination.
Orders
- This suit is transferred to the Chuka CM’s Court for hearing and determination.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC MISCELLANEOUS CIVIL CASE NO 17 OF 2017
FORMERLY CHUKA CM’S COURT MISC CIVIL CASE NO. 7/2016
ELIPHAS NJUE............................................................PLAINTIFF
VERSUS
BEDFORD MUGENDI NJUE...................................DEFENDANT
RULING
1. This application which is dated 30. 5.2016 seeks the following orders:
1. That this honourable court be pleased to lift all the encumbrances on land parcel LR: MWIMBI/MURUGI/721.
2. That the land registrar Meru-South be served with the orders herewith for compliance.
3. That cost of this application be provided for.
2. The application has the following grounds:
a) That the applicant is the registered owner of Land LR: Mwimbi/Murugi/721.
b) That on or around the year 1990 the respondent obtained an inhibitory order against the suit parcel prohibiting any dealings vide Meru High Court Civil Suit No. 1 of 1990 until the said suit was determined.
c) That the respondent failed and/or refused to pursue the case and the same was dismissed for want of prosecution.
d) That after dismissal of the suit, the applicant went to court to have the inhibitions lifted but the said file could not be traced and up todate the said file is still missing.
e) That after dismissal of the suit on 24th November, 2010 the respondent lodged a caution against the suit parcel.
f) That the respondent has never sued the applicant in any court to claim his interests over land parcel LR:MWIMBI/MURUGI/721 consequently the said caution is illegal.
g) That by reason of the foregoing the honourable court should be pleased to lift al the encumbrances on land parcel LR:MWIMBI/MURUGI/721.
h) That an encumbrance cannot be lodged forever but for a stipulated period of time.
i) That land registrar Meru-South should be served with the orders herewith for compliance.
j) That the applicant will suffer irreparably if the orders sought are not granted.
3. I find that the orders sought in the application can be canvassed in the CM’s Court at Chuka. It is ordered as follows:
This suit is transferred to the Chuka CM’s Court for hearing and determination.
Delivered in open court at Chuka this 6th day of December, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE