[2013] KEHC 6895 (KLR)
The court found that the applicant was entitled to the removal of the caveat registered as LR 41431/2 against the defendant's title because the underlying suit had been dismissed and the injunctive order restraining the plaintiffs from evicting the defendants remained unchallenged. The application was unopposed, and...
Source-derived case information.
- Citation
- [2013] KEHC 6895 (KLR)
- Parties
- Plaintiff: Joseph Githinji Nderu; Defendant: Eliud Kiratu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1327 of 1989
- Procedural Posture
- Civil Suit / Ruling on Application to Remove Caveat
- Outcome
- Application allowed. Caveat to be removed.
- Judges
- REA Ougo
- Legal Topics
- Removal of Caveat, Land Registration, Injunctive Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Githinji Nderu
Plaintiff
Eliud Kiratu
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Remove Caveat
Legal Issues
- 1 Whether the caveat registered as LR 41431/2 against the defendant's title should be removed.
- 2 Whether the applicant is entitled to the orders sought given the previous court order dismissing the suit and granting an injunction.
Ratio Decidendi
The court found that the applicant was entitled to the removal of the caveat registered as LR 41431/2 against the defendant's title because the underlying suit had been dismissed and the injunctive order restraining the plaintiffs from evicting the defendants remained unchallenged. The application was unopposed, and the applicant had complied with the relevant statutory requirements. The court exercised its discretion to grant the orders sought, finding merit in the application and ordering the removal of the caveat.
Court Disposition
Application allowed. Caveat to be removed.
Orders
- The caveat registered as LR 41431/2 against the defendant's title is to be removed.
- Costs be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL SUIT NO. 1327 OF 1989
JOSEPH GITHINJI NDERU ......................................................PLAINTIFFS
VERSUS
ELIUD KIRATU……………………………………………………………..…DEFENDANT
RULING
The applicant seeks to have the caveat registered as LR 41431/2 against the defendant’s title removed. The applicant has filed this application under section 2 & 73(1) of the Land Registration Act No 3 of 2012 sections 3 and 3A of the Civil Procedure Act. She has filed a supporting affidavit giving a background to the orders she seeks. The contents of her affidavit are clear. The court order of 1/12/97 is annexed showing that the plaintiff suit was dismissed and an injunctive order given restraining the plaintiffs from evicting the defendants. The applicant states that upon perusing the register there is a caveat force.
With the court order not challenged or appealed against the applicant is entitled the orders sought. The application was not opposed by the plaintiff/respondent despite being served. I therefore find merit in the application dated 6/12/12. I grant prayer No. 3 that the caveat registered as LR 41431/2 against the defendants title be removed. Costs be in the cause.
Orders accordingly.
Dated, signed and delivered this 28th Day of November 2013.
R. E OUGO
JUDGE
In the presence of:-
……………………………………………………………………….…Plaintiffs
………………………………………………………………….……Defendants
……………………………………………….………………………Court Clerk