[2022] KEELC 1922 (KLR)
The court found that the applicant failed to attach any evidence, such as a land search or a copy of the inhibition order, to prove the existence of the inhibition over the subject land. Without such documentation, the court was unable to verify the existence, particulars, or the originating court and case number of...
Source-derived case information.
- Citation
- [2022] KEELC 1922 (KLR)
- Parties
- Appellant: Joseph Riungu M’Kirika (Sued as the administrator of the estate of N’Kirika M’Nanjau); Respondent: Gerald Ntari M’Mutea (Sued as the administrator of the estate of M’Ritara M’Tuambae)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 56 of 2018
- Procedural Posture
- Elc Appeal / Ruling on Application to Lift Inhibition
- Outcome
- application dismissed
- Legal Topics
- Inhibition Orders, Land Registration, Appeal Determination
- 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
Joseph Riungu M’Kirika (Sued as the administrator of the estate of N’Kirika M’Nanjau)
Appellant
Gerald Ntari M’Mutea (Sued as the administrator of the estate of M’Ritara M’Tuambae)
Respondent
Procedural Posture
Elc Appeal / Ruling on Application to Lift Inhibition
Legal Issues
- 1 Whether the applicant has provided sufficient evidence to warrant the lifting of the inhibition order over L.R No. Abothuguchi/Nkamie/828.
- 2 Whether the court can lift an inhibition order without proof of its existence and particulars.
Ratio Decidendi
The court found that the applicant failed to attach any evidence, such as a land search or a copy of the inhibition order, to prove the existence of the inhibition over the subject land. Without such documentation, the court was unable to verify the existence, particulars, or the originating court and case number of the inhibition order. As a result, the court held that the application lacked merit and dismissed it, emphasizing that parties seeking such relief must provide adequate supporting evidence.
Court Disposition
application dismissed
Orders
- The application dated 28.7.2021 is dismissed for lack of merits.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC APPEAL NO. 56 OF 2018
JOSEPH RIUNGU M’KIRIKA(Sued as the administrator of the estate
of N’KIRIKA M’NANJAU) .............................................APPELLANT
VERSUS
GERALD NTARI M’MUTEA (Sued as the administrator of the estate
of M’RITARA M’TUAMBAE.....................................RESPONDENT
RULING
1. By an application dated 28. 7.2021 the applicant/respondent seeks the lifting of an inhibition filed over L.R No. Abothuguchi/Nkamie/828for reasons that the appeal has been determined. The application is supported by an affidavit of Gerald Ntari M’Mutea.
2. The reasons given are that the order was made on 18. 5.1999 pending the hearing of Meru ELC No. 268 of 1985 subsequent to which the current appeal was filed.
3. The appellant maintains the appeal was determined and a decree issued on 21. 4.2021.
4. Consequently he takes the view there exists no good reason to keep the inhibition order yet its life span was spent.
5. The application is opposed through a replying affidavit of Joseph Riungu M’Kirika on 15. 12. 2021.
6. As a starting point, the applicant has not attached any search to show there exists an inhibition against the subject land as alleged.
7. Secondly, a copy of the inhibition order has not been attached for the court’s perusal.
8. Inn absence of the same, the court is unable to verify in which court, the case number and for what reason the inhibition was issued in the first instance.
9. Consequently, the application is dismissed for lack of merits. See Mwangi Rukwaro & Another –vs- Land Registrar Nyeri [2019] eKLR.
Orders accordingly.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 26TH DAY OF JANUARY, 2022
IN PRESENCE OF:
KIRUAI FOR APPELLANT/RESPONDENT
MBUBUYA FOR APPLICANT
COURT ASSISTANT - KANANU
HON. C.K. NZILI
ELC JUDGE