[2017] KEELC 1378 (KLR)
The court found that the plaintiff's evidence was unchallenged and credible. The plaintiff demonstrated that he is the registered owner of the disputed land and that he had already transferred another parcel to the defendants. Since the defendants did not contest the claim or provide any justification for...
Source-derived case information.
- Citation
- [2017] KEELC 1378 (KLR)
- Parties
- Plaintiff: John Mbae M'Iring'o; Defendant: Yusuf Mwongera Mbae; Defendant: Ali Gatua Mbae; Defendant: Shekira Makena
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 27 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Claim allowed. Caution to be removed.
- Legal Topics
- Removal of Caution, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mbae M'Iring'o
Plaintiff
Yusuf Mwongera Mbae
Defendant
Ali Gatua Mbae
Defendant
Shekira Makena
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the caution lodged by the defendants on the plaintiff's land should be removed.
- 2 Whether the plaintiff has already transferred alternative land to the defendants.
Ratio Decidendi
The court found that the plaintiff's evidence was unchallenged and credible. The plaintiff demonstrated that he is the registered owner of the disputed land and that he had already transferred another parcel to the defendants. Since the defendants did not contest the claim or provide any justification for maintaining the caution, the court concluded that the caution was unwarranted and should be removed. The family context and the absence of opposition further supported the decision to grant the orders sought without awarding costs.
Court Disposition
Claim allowed. Caution to be removed.
Orders
- The caution lodged on Parcel No. L.R. Kiirua/Nkando/4343 be removed forthwith.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIROMENT AND LAND COURT AT MERU
ELC CASE NO. 27 OF 2017
JOHN MBAE M’IRINGO......................................PLAINTIFF
VERSUS
YUSUF MWONGERA MBAE...................1ST DEFENDANT
ALI GATUA MBAE...................................2ND DEFENDANT
SHEKIRA MAKENA.................................3RD DEFENDANT
J U D G M E N T
Plaintiff is the father of the 3 defendants. In his pleadings, he states that he owns Land Parcel No. L.R. KIIRUA /NKANDO/4343 and that in June, 2016, his children lodged a caution on the land. He wants the caution to be removed.
Summons to enter appearance were served as is evident from the affidavit of service of one Joseph Kithinji. However, defendants did not enter appearance, nor did they file a statement of defence.
Plaintiff testified on 03. 10. 17 and he gave a plausible account of how a caution was lodged on his land by his children. He also stated that he has given the defendants land No. Ntima/Ntakira/3357. He produced a Search Certificate (P Ex 2) showing that he transferred this land to his children way back on 12. 03. 01.
I find that Plaintiff’s claim is uncontroverted. I therefore allow the same. The Court hereby orders that the caution lodged on Parcel No. L.R. Kiirua/ Nkando/4343 be removed forthwith. There are no orders as to costs, as this is a family matter.
DELIVERED, SIGNED AND DATED THIS 24TH OCTOBER, 2017 IN THE PRESENCE OF:-
C:A Janet
Kiongo H/B for Kimathi Kiara for Plaintiff present
HON. L.N. MBUGUA
ELC JUDGE