[2016] KEHC 556 (KLR)
The court found that the applicant is the registered owner of the disputed land parcel and that the respondent had placed a restriction on the property without any justification. The respondent, despite being properly served, failed to respond or attend court. In the absence of any evidence or justification from the...
Source-derived case information.
- Citation
- [2016] KEHC 556 (KLR)
- Parties
- Applicant: Ibrahim Muriithi Kariuki; Respondent: James Njiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 34 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Remove Land Restriction
- Outcome
- application allowed
- Legal Topics
- Removal of Land Restriction, Registered Land Ownership, Land Disputes, Affidavit Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Muriithi Kariuki
Applicant
James Njiru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Remove Land Restriction
Legal Issues
- 1 Whether the restriction placed on land parcel No. Gaturi/Nembure/10912 by the respondent was justified.
- 2 Whether the applicant is entitled to an order for removal of the restriction.
Ratio Decidendi
The court found that the applicant is the registered owner of the disputed land parcel and that the respondent had placed a restriction on the property without any justification. The respondent, despite being properly served, failed to respond or attend court. In the absence of any evidence or justification from the respondent, the court concluded that the restriction was unwarranted and that the applicant was entitled to its removal. The application was therefore allowed as prayed, with no order as to costs.
Court Disposition
application allowed
Orders
- The restriction placed on land parcel No. Gaturi/Nembure/10912 by the respondent is hereby removed.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CIVIL MISC APPLICATION NO. 34 OF 2008
IBRAHIM MURIITHI KARIUKI............................................................APPLICANT
VERSUS
JAMES NJIRU..............................................................................RESPONDENT
RULING
1. This is an application seeking an order of this court directing the removal of a restriction placed on land parcel No. Gaturi/Nembure/10912 by the respondent. The application is anchored in the applicant's 6 paragraph supporting affidavit. The applicant has deponed that the respondent has placed restrictions on his said parcel of land without any right and is an intruder, a matter in respect of which he has annexed a search certificate marked “IMK 1”, as evidence that he is the owner. He has further deponed that the restriction has been pending since 2008, which he deponed has caused him damage and loss. Finally, he has deponed that the respondent is reluctant to finalize this matter which has been pending in court.
2. The proceedings were conducted in the absence of the respondent. The applicant filed an affidavit of service dated 4th October 2016. According to that affidavit, the respondent was served on 28th September 2016. The respondent did not file any replying affidavit and did not attend court. I was satisfied that he was properly served and had adequate notice of the hearing date.
3. In the light of the affidavit evidence of the applicant, I find that he is the registered owner of the said parcel of land. I further find that there is no justification to warrant the continued restriction being placed on his land.
4. I therefore allow the applicant's application in terms of prayer 1 of his notice of motion dated 7th September 2016 with no orders to costs.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this8thday of December 2016
In the presence of the applicant and in the absence of the respondent
Court clerk Njue
J.M. BWONWONGA
JUDGE
08. 12. 16