[2014] KEHC 7099 (KLR)
The court held that the petition did not raise any constitutional issue as the law provides a clear statutory process for the removal of a caution through the Land Registrar. The attempt to invoke the court's constitutional jurisdiction in this context was deemed an abuse of process. The petition was therefore...
Source-derived case information.
- Citation
- [2014] KEHC 7099 (KLR)
- Parties
- Applicant: Mwithiga Kimani; Respondent: Margaret Nyambura Ngigi (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 75 of 2014
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection/strike Out
- Outcome
- petition struck out as abuse of process
- Judges
- DAS Majanja
- Legal Topics
- Removal of Caution, Abuse of Court Process, Constitutional Threshold, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwithiga Kimani
Applicant
Margaret Nyambura Ngigi (deceased)
Respondent
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection/strike Out
Legal Issues
- 1 Whether the petition raises a constitutional issue warranting the court's intervention.
- 2 Whether the proper procedure for removal of a caution was followed.
Ratio Decidendi
The court held that the petition did not raise any constitutional issue as the law provides a clear statutory process for the removal of a caution through the Land Registrar. The attempt to invoke the court's constitutional jurisdiction in this context was deemed an abuse of process. The petition was therefore struck out as it was improperly before the court.
Court Disposition
petition struck out as abuse of process
Orders
- The petition is struck out.
- No constitutional issue is disclosed by the pleadings.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION ELC NO. 75 OF 2014
BETWEEN
IN THE MATTER OF THE CONSTITUTION ARTICLE 40(2)(a)(b)
AND
IN THE MATTER OF SECTION 73(1) AND SECTION 75 OF THE LAND REGISTRATION ACT 2012.
AND
IN THE MATTER OF MWITHIGA KIMANI
RULING
The petition before the court does not lie and it is one for striking out as it seeks the removal of a caution lodged on DAGORETTI/KINOO/4259 belonging to the petitioner by one Margaret Nyambura Ngigi who is deceased. The procedure for removal of a caution is originated by writing to the Land Registrar to remove it. This does not raise any constitutional issue. The law has provided for such a process and accordingly this petition is an abuse of the court process.
DATED and DELIVERED at NAIROBI this 18th February 2014
D.S. MAJANJA
JUDGE