[2018] KEELC 3391 (KLR)
The court found that the suit was dismissed for want of prosecution on 19/5/2017. Since the inhibition, restrictions, and cautions were registered to preserve the subject matter pending determination of the suit, and the suit is no longer pending, there is no legal basis for the continued subsistence of these...
Source-derived case information.
- Citation
- [2018] KEELC 3391 (KLR)
- Parties
- Plaintiff: Marcella Muthoni Rucha; Plaintiff: Sabina Gatune Rucha; Defendant: Salesio Kanampiu M’Twaruchiu; Defendant: Titus Mugambi M’Ireri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 13 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Removal of Inhibition, Restrictions and Cautions
- Outcome
- application allowed
- Legal Topics
- Removal of Inhibition, Land Registration, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marcella Muthoni Rucha
Plaintiff
Sabina Gatune Rucha
Plaintiff
Salesio Kanampiu M’Twaruchiu
Defendant
Titus Mugambi M’Ireri
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Removal of Inhibition, Restrictions and Cautions
Legal Issues
- 1 Whether the inhibition, restrictions and cautions registered against L.R No. Mwimbi Central Magutuni/121 should be removed following dismissal of the suit for want of prosecution.
Ratio Decidendi
The court found that the suit was dismissed for want of prosecution on 19/5/2017. Since the inhibition, restrictions, and cautions were registered to preserve the subject matter pending determination of the suit, and the suit is no longer pending, there is no legal basis for the continued subsistence of these entries. The court therefore allowed the application for their removal, holding that such entries cannot be maintained after the dismissal of the suit.
Court Disposition
application allowed
Orders
- Orders of inhibition, restrictions and cautions registered against L.R No. Mwimbi Central Magutuni/121 are to be removed.
- The Land Registrar, Tharaka Nithi District, is directed to effect the removal of the said entries.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 13 OF 2001
MARCELLA MUTHONI RUCHA........................1ST PLAINTIFF
SABINA GATUNE RUCHA...................................2ND PLAINTIFF
VERSUS
SALESIO KANAMPIU M’TWARUCHIU........1ST DEFENDANT
TITUS MUGAMBI M’IRERI............................2ND DEFENDANT
RULING
1. The application dated 13. 3.2018 seeks the following orders;
i. That this Honourable court be pleased to issue orders for the removal of the inhibition, restrictions and cautions which have been registered against L.R No. Mwimbi Central Magutuni/121.
ii. That the land registrar Tharaka Nithi District be ordered to remove the orders of inhibition restrictions and cautions registered against L.R No. Mwimbi Central Magutuni/121.
iii. That the costs of this application be provided for.
2. There is a supporting affidavit of Titus Mugambi (2nd defendant) sworn on behalf of himself and 1st defendant where he has deponed that the plaintiffs herein filed this suit on 24/1/2001, whereby defendants entered appearance on 20/2/2001 and filed a statement of defence on the same day. However, plaintiffs failed to prosecute their case and the suit was dismissed by this honourable court on 19/5/2017 for want of prosecution.
3. Defendants aver that on 24/2/2001 the plaintiffs had caused to be registered at the lands office, an inhibition against the deponent’s parcel of land L.R No. Mwimbi/Central Magutuni/121. Despite the dismissal of this case the plaintiffs have failed, refused and/or neglected to apply for the removal of the said inhibition, hence the application.
4. I find that indeed this case was dismissed on 19. 5.2017 and hence the orders of inhibition, restrictions and cautions should not be subsisting. The application is allowed with no orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 9th MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
D. Mbaya for plintifff absent
Kiogora for defendants
Applicant present
All parties absent
HON. LUCY. N. MBUGUA
ELC JUDGE