[2019] KEELC 3722 (KLR)
The court found that the inhibition order was imposed to preserve the suit property pending the outcome of the litigation. Since judgment has been delivered in favour of the plaintiff and a decree issued, there is no longer any justification for maintaining the inhibition. There is no pending appeal or application...
Source-derived case information.
- Citation
- [2019] KEELC 3722 (KLR)
- Parties
- Plaintiff: Fredrick Kirimi Nyaga (suing as legal representative of the estate of Alexander Nyaga Muthara (deceased)); Defendant: Wilfred Kinyua Kanyaru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 106 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Lift Inhibition Order
- Outcome
- Application allowed. Inhibition order lifted.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Land Registration, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kirimi Nyaga (suing as legal representative of the estate of Alexander Nyaga Muthara (deceased))
Plaintiff
Wilfred Kinyua Kanyaru
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Lift Inhibition Order
Legal Issues
- 1 Whether the inhibition order against Land Parcel No. Karingani/Mugirirwa/1519 should be lifted to facilitate execution of the court's judgment.
- 2 Whether any prejudice would be occasioned to the defendant by lifting the inhibition order.
Ratio Decidendi
The court found that the inhibition order was imposed to preserve the suit property pending the outcome of the litigation. Since judgment has been delivered in favour of the plaintiff and a decree issued, there is no longer any justification for maintaining the inhibition. There is no pending appeal or application that would warrant continued restriction. Lifting the inhibition is necessary to facilitate execution of the court's judgment. The defendant will not suffer any prejudice as a result. Accordingly, the court allowed the application and ordered the Land Registrar to remove the inhibition forthwith.
Court Disposition
Application allowed. Inhibition order lifted.
Orders
- The order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519 is hereby lifted.
- The Land Registrar in charge of the records concerning this land is ordered to remove the inhibition forthwith.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 106 OF 2017
FORMERLY MERU HCC CASE NO. 100 OF 2007
FREDRICK KIRIMI NYAGA (SUING AS LEGAL
REPRESENTATIVEOFTHE ESTATE OF ALEXANDER
NYAGA MUTHARA(DECEASED))................PLAINTIFF
VERSUS
WILFRED KINYUA KANYARU..................DEFENDANT
RULING
1. This application is dated 16th April, 2019 and seeks orders:
1. That this application be certified urgent and the same be heard without delay.
2. That the honourable court be pleased to lift the order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519.
3. That the costs of this application be in cause.
2. The application is supported by the affidavit of Fredrick Kirimi Nyaga, the applicant and has the following grounds:
1. At the time when the plaintiff/decree holder filed this suit, he had vide the Notice of Motion dated 17. 1.2001 applied for an order of inhibition to protect Land Parcel No. Karingani/Mugirirwa/1519 pending the hearing and determination of this suit.
2. The honourable court issued an order of inhibition on 20. 3.2001 against Land Parcel No. Karingani/Mugirirwa/1519 which was subsequently registered.
3. This suit was heard and determined in favour of the plaintiff/decree holder on 19. 12. 2018.
4. Decree has already been issued.
5. To enable the plaintiff/decree holder implement this court judgment delivered on 19. 12. 2018, it is only just and fair that the order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519 be lifted.
6. No appeal and/or any other application is pending in this court.
7. No prejudice will be occasioned to the defendant if this application is allowed.
3. I find that the application is meant to facilitate the implementation of this court’s judgment as has been submitted by Mr. Nyamu Nyaga, the applicant’s advocate.
4. In the circumstances, prayer 2 is allowed with the effect that the order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519 is hereby lifted and the Land Registrar in charge of the records concerning this land is hereby ordered to remove the apposite inhibition forthwith.
5. Costs are awarded to the applicant.
Delivered in open Court at Chuka this 24th day of April, 2019 in the presence of:
CA: Ndegwa
Nyamu Nyaga for the Plaintiff/applicant
P.M. NJOROGE
JUDGE