[2017] KEELC 111 (KLR)

[2017] KEELC 111 (KLR)

The court found that the appeal had been finalized through a judgment delivered on 20.04.16. Since the substantive dispute had been resolved, there was no longer any legal basis for the caution lodged by the respondent to remain on the property. The absence of any response from the respondent further supported the...

Source-derived case information.

Citation
[2017] KEELC 111 (KLR)
Parties
Applicant: Kiambati s/o Mbogori; Respondent: Ruth Kiende
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 153 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application
Outcome
application allowed
Judges
LN Mbugua
Legal Topics
Removal of Caution, Land Registration, Post Judgment Applications
Source Language
en
Land and Property Removal of Caution Land Registration Post Judgment Applications

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Summary, issues, holding and outcome

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Parties

Kiambati s/o Mbogori

Applicant

Ruth Kiende

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Post Judgment Application

Legal Issues

  1. 1 Whether the caution lodged by the respondent on 25.11.19 should be removed following the finalization of the appeal.
  2. 2 Whether there are any grounds to maintain the caution after judgment has been delivered.

Ratio Decidendi

The court found that the appeal had been finalized through a judgment delivered on 20.04.16. Since the substantive dispute had been resolved, there was no longer any legal basis for the caution lodged by the respondent to remain on the property. The absence of any response from the respondent further supported the applicant's position. Accordingly, the court allowed the application for removal of the caution, finding it meritorious.

Court Disposition

application allowed

Orders

  • The caution lodged by the respondent on 25.11.19 is hereby removed.
  • No order as to costs.