[2015] KEHC 3354 (KLR)
The court found that the application had merit because the underlying suit had been dismissed, and there was no longer a legal basis for the cautions, inhibitions, and restrictions registered against L.R. ABOGETA/UPPER-KIUNGONE/2283. The court determined that the removal of these entries would not prejudice the...
Source-derived case information.
- Citation
- [2015] KEHC 3354 (KLR)
- Parties
- Applicant: Lawrence Mbiti Rutere; Respondent: M’Itonga Muruithania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 114 of 2000
- Procedural Posture
- Miscellaneous Application / Ruling on Post Dismissal Application for Removal of Cautions, Inhibitions, and Restrictions
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Removal of Caution, Land Restrictions, Land Registry Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Mbiti Rutere
Applicant
M’Itonga Muruithania
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Dismissal Application for Removal of Cautions, Inhibitions, and Restrictions
Legal Issues
- 1 Whether the cautions, inhibitions, and restrictions registered against L.R. ABOGETA/UPPER-KIUNGONE/2283 should be removed following the dismissal of the suit.
- 2 Whether the removal of the inhibition would prejudice the defendant/respondent.
Ratio Decidendi
The court found that the application had merit because the underlying suit had been dismissed, and there was no longer a legal basis for the cautions, inhibitions, and restrictions registered against L.R. ABOGETA/UPPER-KIUNGONE/2283. The court determined that the removal of these entries would not prejudice the respondent, and that it was fair and just to grant the orders sought. The court therefore ordered the removal of the caution, inhibition, and restriction, and directed the Land Registrar to implement the order.
Court Disposition
application allowed
Orders
- The caution, inhibition, and restriction registered against Parcel No. ABOGETA/UPPER-KIUNGONE/2283 be removed forthwith.
- The Land Registrar is directed to effect the implementation of this order.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 114 OF 2000
LAWRENCE MBITI RUTERE .............................................PLAINTIFF
VERSUS
M’ITONGA MURUITHANIA............................................DEFENDANT
R U L I N G
This application is dated 23rd January, 2015 and seeks Orders that:-
That this Honourable Court be pleased to issue orders for the removal of the cautions, inhibitions, and restrictions registered against L.R ABOGETA/UPPER-KIUNGONE/2283 on 6th February, 2001.
That the costs of this application be in the cause.
It has the following grounds:-
That this case was dismissed on 23rd November, 2013.
That the suit having been dismissed it is only fair and just to remove the cautions, inhibitions, and restrictions registered against L.R. No. ABOGETA/UPPER-KIUNGONE/2283 on 6th February, 2001
That the removal of the inhibition will not prejudice the defendant/respondent at all.
That it is only fair and just that the Orders sought herein be granted.
It is also supported by the affidavit of LAWRENCE MBITI RUTERE, the applicant.
I have carefully considered the application and I do find that it has merit.
I grant the following Orders:-
The Caution, inhibition and Restriction registered against Parcel No. ABOGETA/UPPER-KIUNGONE/2283 be removed forthwith and the Land Registrar to effect the implementation of this Order.
Costs shall be in cause.
It is so ordered.
Delivered in Open Court at Meru this 1st day of July, 2015 in the presence of:
CC: Daniel /Lilian
Kiogora Arithi for the Plaintiff
Otieno C. holding brief D.J Mbaya for Defendant.
P.M. NJOROGE
JUDGE