[2013] KEHC 924 (KLR)
The court found that the application was unopposed as the defendant, despite being served, failed to attend court or file any response. The court noted that allowing the application would render the main suit redundant but emphasized that the respondent had the opportunity to oppose the application and failed to do...
Source-derived case information.
- Citation
- [2013] KEHC 924 (KLR)
- Parties
- Plaintiff: John Karuntimi M'Kiambati; Defendant: Magdalina Kathambi Karuntimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 251 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Caution Removal, Land Registration, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Karuntimi M'Kiambati
Plaintiff
Magdalina Kathambi Karuntimi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the caution lodged by the defendant over the plaintiff's land should be lifted or withdrawn.
- 2 Whether the application should be allowed in the absence of opposition from the defendant.
Ratio Decidendi
The court found that the application was unopposed as the defendant, despite being served, failed to attend court or file any response. The court noted that allowing the application would render the main suit redundant but emphasized that the respondent had the opportunity to oppose the application and failed to do so. Consequently, the court exercised its discretion to allow the application and ordered the lifting or withdrawal of the caution lodged by the defendant over the plaintiff's land, with costs in the cause.
Court Disposition
application allowed
Orders
- The caution lodged by the defendant over land registration NO. NYAKI/KITHOKA/720 is lifted or withdrawn.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 251 OF 2013
JOHN KARUNTIMI M'KIAMBATI..............................................................PLAINTIFF
VERSUS
MAGDALINA KATHAMBI KARUNTIMI............................................DEFENDANT
R U L I N G
The Application herein is dated 20th September, 2013 and seeks orders that:
THATthis 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.
THATthis honourable Court be pleased to order the lifting or withdrawal of the caution lodged by the respondent over the Plaintiff's land Registration NO. NYAKI/KITHOKA/720.
THATcosts of this application be in the cause.
Prayer 1 is spent.
The Application came up for hearing Inter Partes on 31. 10. 2013. Although there is a certificate of service showing that the Defendant was served, she did not avail herself to present her side of the story. The Application is unopposed. I note that allowing this Application will have the effect of rendering the hearing of the main suit redundant. Nevertheless, the Respondent should have come to Court to oppose the Application.
In the Circumstances, the Application is allowed with costs in the cause.
Dated and Delivered in Open Court on 11th October, 2013 in the presence of:
Cc. Mwonjaru
Kaimenyi for applicant
P. M. NJOROGE
JUDGE