[2013] KEHC 2032 (KLR)
The court found that the respondent, despite being duly served, failed to appear or oppose the application. In the absence of any opposition and upon consideration of the applicant's submissions, the court exercised its discretion to allow the application. The caution placed by the defendant over the plaintiff's...
Source-derived case information.
- Citation
- [2013] KEHC 2032 (KLR)
- Parties
- Applicant: Henry Gitonga Mwerebua; Respondent: Elizabeth Kaguri M'Mwongo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 220 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed. Caution over land parcel lifted. Costs awarded to applicant.
- Legal Topics
- Land Caution Removal, Land Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Gitonga Mwerebua
Applicant
Elizabeth Kaguri M'Mwongo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the caution placed by the defendant over the plaintiff's land parcel should be lifted or withdrawn.
- 2 Whether the application should be heard on a priority basis due to urgency.
Ratio Decidendi
The court found that the respondent, despite being duly served, failed to appear or oppose the application. In the absence of any opposition and upon consideration of the applicant's submissions, the court exercised its discretion to allow the application. The caution placed by the defendant over the plaintiff's land parcel was ordered to be lifted, as there was no justification presented to the court for its continued existence. The court further awarded costs to the applicant, confirming that the application was properly served and unopposed, and that the applicant was entitled to the relief sought.
Court Disposition
Application allowed as prayed. Caution over land parcel lifted. Costs awarded to applicant.
Orders
- The caution placed by the defendant over land parcel NO. KIIRUA/NAARI/3341 is hereby lifted or withdrawn.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E&L NO. 220 OF 2013
HENRY GITONGA MWEREBUA ....................................APPLICANT/PLAINTIFF VS
ELIZABETH KAGURI M'MWONGO ... ….............RESPONDENT/DEFENDANT
RULING
This application is dated 2nd August, 2013 and seeks orders that;
1. THAT this Honourable Court be pleased to certify this application as urgent, dispense with service in the first instance and the same be heard on priority basis.
2. THAT this Honourable Court be pleased to order the lifting or withdrawal of the caution placed by the defendants over the plaintiff's land parcel NO. KIIRUA/NAARI/3341.
3. THAT costs of this application be in the cause.
The application was slated for inter partes hearing on 26/8/2013 . Although a certificate of service showing that the respondent was duly served has been filed, she did not present herself in court. In the circumstances, this application is allowed. As a result prayer 2 is confirmed.
Costs are awarded to the plaintiff/applicant.
Delivered in open court this 26th day of August, 2013 in the presence of; Court Clerk: Mwonjaru
Kaimenyi present for applicant.
P.M. NJOROGE JUDGE