[2019] KEELC 578 (KLR)
The court found that the applicant is the registered owner of the suit land, and the plaintiffs failed to prove the existence of a trust in the earlier judgment. Under Section 24 of the Land Registration Act, the applicant is entitled to absolute ownership and all attendant rights. The plaintiffs, having lost their...
Source-derived case information.
- Citation
- [2019] KEELC 578 (KLR)
- Parties
- Plaintiff: Madalina Wambui Marete; Plaintiff: Joseph Muciijia; Defendant: Julius Kigutu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 of 2018
- Procedural Posture
- Notice of Motion / Ruling on Post Judgment Application
- Outcome
- Application allowed with costs to the applicant/defendant.
- Legal Topics
- Eviction Orders, Inhibition Lifting, Land Ownership, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madalina Wambui Marete
Plaintiff
Joseph Muciijia
Plaintiff
Julius Kigutu
Defendant
Procedural Posture
Notice of Motion / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the inhibition registered against the suit land should be lifted.
- 2 Whether the plaintiffs should be evicted from the suit land.
- 3 Whether an injunction should issue restraining the plaintiffs from interfering with the defendant's possession.
Ratio Decidendi
The court found that the applicant is the registered owner of the suit land, and the plaintiffs failed to prove the existence of a trust in the earlier judgment. Under Section 24 of the Land Registration Act, the applicant is entitled to absolute ownership and all attendant rights. The plaintiffs, having lost their claim, have no legal basis to remain on the land or to maintain the inhibition. The court therefore allowed the application to lift the inhibition, ordered eviction of the plaintiffs, and granted an injunction restraining them from interfering with the applicant's possession.
Court Disposition
Application allowed with costs to the applicant/defendant.
Orders
- The inhibition registered against Parcel No. NYAKI/KITHOKA/685 is lifted.
- The plaintiffs are to be evicted from the suit land.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 5 OF 2018
MADALINA WAMBUI MARETE....................1ST PLAINTIFF/RESPONDENT
JOSEPH MUCIIJIA........................................2ND PLAINTIFF/RESPONDENT
VERSUS
JULIUS KIGUTU ....................................................DEFENDANT/APPLICANT
RULING
1. This ruling is on a notice of motion dated 14/1/2019 brought pursuant to provisions of section 1A, 1B, 3 & 3A of the Civil Procedure Act and all other enabling provisions of the law, where the applicant is seeking orders to have the inhibition lifted from the suit land, to have the plaintiffs evicted from the suit land and the OCS to provide security thereof, and an order of injunction restraining the plaintiffs and their agents from interfering with the applicants quiet possession of the suit land.
2. The application was based on the grounds on the face of it and the supporting affidavit of Julius Kigutu who averred that the suit against him was dismissed on 28th November 2018. He contends that he allowed the respondents, who are his siblings to use part of his land but have since abused his goodwill by filing a suit saying that he held the land in trust for them. He therefore asks that the respondents be evicted from the suit land and they be restrained from ever coming back and interfering with the land.
3. On 1. 10. 2019, the plaintiffs informed the court that they were aware of the application. However, they did not file a response to the same.
4. Section 24 of the Land Registration Act 2012 No. 3 of 2012 provides as follows:
“The registration of a person as the proprietor of land shall vest in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto.”
5. The applicant herein is the registered owner of Parcel No. NYAKI/KITHOKA/685 and according to the judgement passed on 28/11/2018 the plaintiffs were unable to prove trust. Therefore, the applicant is entitled to the protections provided in the Land Registration Act. Consequently, I allow the application dated 14. 1.2019 with costs to applicant/defendant.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 27TH NOVEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Mutuma J. for defendant/applicant
Respondent in person
Applicant
HON. LUCY. N. MBUGUA
ELC JUDGE