[2013] KEHC 2355 (KLR)
The court found that the application for removal of cautions was unopposed, and there was evidence that the defendants had been duly served. In the absence of opposition and upon consideration of the merits of the application, the court exercised its discretion to allow the removal of the cautions placed by the...
Source-derived case information.
- Citation
- [2013] KEHC 2355 (KLR)
- Parties
- Plaintiff: Kathaka Mwarania alias Kithaka Mwarania; Defendant: Charles Kironco Mburugu; Defendant: Antony Reece Kanoti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 65 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Cautions on Land, Removal of Caution, 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
Kathaka Mwarania alias Kithaka Mwarania
Plaintiff
Charles Kironco Mburugu
Defendant
Antony Reece Kanoti
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the cautions placed by the defendants over the plaintiff's land parcel should be lifted or withdrawn.
- 2 Whether costs should be awarded.
Ratio Decidendi
The court found that the application for removal of cautions was unopposed, and there was evidence that the defendants had been duly served. In the absence of opposition and upon consideration of the merits of the application, the court exercised its discretion to allow the removal of the cautions placed by the defendants on the plaintiff's land parcel. The court further ordered that costs be in the cause, reflecting the interlocutory nature of the application and the lack of contest by the defendants.
Court Disposition
application allowed
Orders
- The cautions placed by the defendants/respondents against the applicant/plaintiff's Land Parcel No. KIAMURI “A” 1277 be removed forthwith.
- Costs be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 65 OF 2013
KATHAKA MWARANIA ALIAS KITHAKA MWARANIA.......................PLAINTIFF
VERSUS
CHARLES KIRONCO MBURUGU..................................................1ST DEFENDANT
ANTONY REECE KANOTI..............................................................2ND DEFENDANT
RULING
The application herein is dated 20th day of February, 2013 seeks orders that:
THATthis honourable Court be pleased to order the lifting or withdrawal of the cautions by the defendants over the plaintiff's land parcel No. L. R. NO. KIAMURI “A” 1277.
THAT costs of this application be in the cause.
During Inter Partes hearing on 2. 7.2013, the respondents did not oppose their application. The Court has evidence that they had been served.
In the circumstances, the application is allowed in the following terms:
The cautions placed by the defendants/Respondents against the applicant/plaintiffs Land Parcel No. KIAMURI “A” 1277 be removed forthwith.
Costs be in the cause.
It is so ordered.
Delivered and Signed in Open Court at Meru this 2nd day of July, 2013 in the presence of:
Cc Daniel
Kaimenyi for plaintiff/applicant
P. M. NJOROGE
JUDGE