[2019] KEELC 1719 (KLR)
The court found that the application to remove the caution had merit, as the caution placed by the deceased Erastus Marangu was preventing the implementation of the court's judgment delivered on 22nd May 2019. There was no opposition to the application, and the court was satisfied that no prejudice would be...
Source-derived case information.
- Citation
- [2019] KEELC 1719 (KLR)
- Parties
- Plaintiff: Loyford Muriuki Riara; Plaintiff: Zipporah Muthoni Riara; Plaintiff: Catherine Ciandeke; Plaintiff: Susan Ciamwari; Defendant: Kithinji Njoka; Defendant: Murithi Njoka; Defendant: Mutembei Njoka; Defendant: Justin Nyaga Nkiini
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Removal of Caution
- Outcome
- application allowed
- Legal Topics
- Removal of Caution, Implementation of Judgment, Land Registration, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loyford Muriuki Riara
Plaintiff
Zipporah Muthoni Riara
Plaintiff
Catherine Ciandeke
Plaintiff
Susan Ciamwari
Plaintiff
Kithinji Njoka
Defendant
Murithi Njoka
Defendant
Mutembei Njoka
Defendant
Justin Nyaga Nkiini
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Removal of Caution
Legal Issues
- 1 Whether the caution placed against Land Parcel No. Magumoni/Thuita/494 should be removed to enable implementation of the court's judgment.
- 2 Whether removal of the caution would prejudice the plaintiffs.
Ratio Decidendi
The court found that the application to remove the caution had merit, as the caution placed by the deceased Erastus Marangu was preventing the implementation of the court's judgment delivered on 22nd May 2019. There was no opposition to the application, and the court was satisfied that no prejudice would be occasioned to the plaintiffs by the removal of the caution. The court exercised its statutory and inherent powers to facilitate the implementation of its judgment and ordered the removal of the caution to enable the parties to give effect to the judgment.
Court Disposition
application allowed
Orders
- The caution placed against Land Parcel No. Magumoni/Thuita/494 is removed to enable implementation of the court's judgment delivered on 22nd May 2019.
- No order as to costs.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO 15 OF 2017
FORMERLY MERU ELC CASE NO. 170 OF 2014 (OS)
IN THE MATTER OF 1 ½ ACRE OF LAND WITHIN LAND PARCELNO. MAGUMONI/THUITA/494 REGISTERED IN THE NAMES OF KITHINJI NJOKA, MURITHINJOKA, MUTEMBEI NJOKA
LOYFORD MURIUKI RIARA.........1ST PLAINTIFF
ZIPPORAH MUTHONI RIARA......2ND PLAINTIFF
CATHERINE CIANDEKE...............3RD PLAINTIFF
SUSAN CIAMWARI ........................4TH PLAINTIFF
VERSUS
KITHINJI NJOKA........................1ST DEFENDANT
MURITHI NJOKA.......................2ND DEFENDANT
MUTEMBEI NJOKA...................3RD DEFENDANT
JUSTIN NYAGA NKIINI............4TH DEFENDANT
RULING
1. This application, on its face, states that it has been brought to court under section 73(1) & 6 of the Land Registration Act No. 3 of 2012, sections 3, 3A and 63(e) of the Civil Procedure Act, Cap 21 Laws of Kenya and Order 51 Rule 1 of The Civil Procedure Rules. It seeks orders:
1. That this honourable court be pleased to certify this application urgent owing to its urgent nature and hear the same without delay.
2. That this honourable court be pleased to issue an order removing the caution placed against Land Parcel No. Magumoni/Thuita/494 to enable the implementation of this court’s judgment delivered on 22. 5.2019.
3. That costs of this application be provided for.
2. The application has the following grounds:-
1. The honourable court delivered its judgment in this case on 22. 5.2019.
2. It has not been possible to implement the said court judgment owing to a caution placed against the suit land namely; Land Parcel No. Magumoni/Thuita/494 by one Erastus Marangu – deceased.
3. The said Erastus Marangu – deceased was husband to the 4th plaintiff.
4. No prejudice will be occasioned to the plaintiffs if the said caution is removed by an order of this honourable court.
5. It is only just and fair that this application be allowed.
3. On 25th September, 2019, Murango Mwenda holding brief for Mr. Nyamu Nyaga, the defendants’ advocate, asked the court to grant prayer 2 in the application to facilitate implementation of its judgment delivered on 22nd May, 2019. Mr. Ndege, holding brief for Mr. I.C. Mugo, the 4th Plaintiff’s advocate, told the court that the application was not opposed.
4. I find that the application has merit. In the circumstances, prayer 2 is granted.
5. No costs are awarded.
6. It is so ordered.
Delivered in open Court at Chuka this 25thday of September, 2019 in the presence of:
CA: Ndegwa
Murango Mwenda h/b Nyamu Nyaga for the Defendants
Mr. Ndege h/b Mr. I.C. Mugo for the 4th Plaintiff
P. M. NJOROGE,
JUDGE.