[2016] KEHC 5881 (KLR)
The court found that since the plaintiff's suit had been dismissed for want of prosecution and there was no pending application to reinstate it, the inhibition and restriction orders placed on the land during the pendency of the suit no longer served any legal purpose. The District Land Registrar required a court...
Source-derived case information.
- Citation
- [2016] KEHC 5881 (KLR)
- Parties
- Plaintiff: Ikamati M' Mutirithia; Defendant: Samson Kimanaa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 345 of 1989
- Procedural Posture
- Civil Case / Ruling on Post Dismissal Application for Removal of Inhibitions
- Outcome
- Application allowed.
- Judges
- FM Njoroge
- Legal Topics
- Removal of Inhibitions, Land Restrictions, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ikamati M' Mutirithia
Plaintiff
Samson Kimanaa
Defendant
Procedural Posture
Civil Case / Ruling on Post Dismissal Application for Removal of Inhibitions
Legal Issues
- 1 Whether the court should order removal of all inhibitions and restriction orders on land parcel NJIA/BURIERURI/1522 after dismissal of the suit for want of prosecution.
- 2 Whether there is any pending application to reinstate the dismissed suit that would bar the granting of the orders sought.
Ratio Decidendi
The court found that since the plaintiff's suit had been dismissed for want of prosecution and there was no pending application to reinstate it, the inhibition and restriction orders placed on the land during the pendency of the suit no longer served any legal purpose. The District Land Registrar required a court order to remove these restrictions, and the defendant, being elderly, wished to distribute his land. The application was therefore allowed to implement the court's earlier decision and to further the interests of justice.
Court Disposition
Application allowed.
Orders
- An order is issued for removal of all inhibition and restriction orders concerning land parcel No. NJIA/BURIERURI/1522.
- Costs are awarded to the applicant.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 345 OF 1989
IKAMATI M' MUTIRITHIA.............................................................PLAINTIFF
VERSUS
SAMSON KIMANAA.......................................................................DEFENDANT
R U L I N G
This application is dated 3rd November and seeks orders:-
1. THAT the Honourable Court be pleased to issue an order for removal of all inhibitions and restriction orders on land parcel subject of this suit land parcel No. NJIA/BURIERURI/1522.
2. THAT the costs of this application be in suit.
The application is buttressed by the affidavit of SAMSON KIMANAA, the Applicant, and has the following grounds:-
1. The Plaintiff's suit was dismissed for want of prosecution by the Courts own motion during the justice at last Initiative.
2. That during the period of this suit, the plaintiff had been granted inhibition orders restricting any dealings in the subject land.
3. That the defendant is an elderly man who wishes to distribute his land to his children while he still has the time to do so.
4. That the District Land Registrar has insisted on a Court order removing all restrictions before he can allow the defendant to subdivide his land.
5. That there is no application to reinstate this suit that is pending.
6. That this application is brought in furtherance of Justice.
Mr. Mwanzia holding brief for Miss Mutinda told the Court that this suit was dismissed by the Hon. Lady Justice Mugure Thande, Judge, on 09/07/2015. He opined that the application was only meant to implement the decision of this Court.
I agree. The application is allowed. Consequently, it is ordered as follows;-
1. An Order is issued for removal of all Inhibition and Restriction Orders concerning Land Parcel No. NJIA/BURIERURI/1522.
2. Costs are awarded to the applicant.
It is so ordered.
Delivered in open Court at Meru this 23 day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Mwanzia h/b Miss Mutinda for the Applicant
P. M. NJOROGE
JUDGE