[2019] KEELC 922 (KLR)
The court found that the orders of inhibition, prohibition, caution, or restriction were registered to preserve the suit land pending the determination of the case. Since the main suit was determined on 17.2.2011 and there was no opposition to the application, there was no legal basis to continue the encumbrances....
Source-derived case information.
- Citation
- [2019] KEELC 922 (KLR)
- Parties
- Applicant: Mary Ntiba (Suing as a legal representative of the estate of Maliamu Ncurubi M’Ibiri); Respondent: Francis M’Imanyara M’Ringera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 80 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application to Lift Land Restrictions
- Outcome
- Application allowed; orders of inhibition, prohibition, caution, or restriction on the suit land lifted; no order as to costs.
- Legal Topics
- Land Inhibition, Removal of Caution, Post Judgment Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Ntiba (Suing as a legal representative of the estate of Maliamu Ncurubi M’Ibiri)
Applicant
Francis M’Imanyara M’Ringera
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application to Lift Land Restrictions
Legal Issues
- 1 Whether the orders of inhibition, prohibition, caution or restriction registered against the suit land should be lifted following the determination of the suit.
Ratio Decidendi
The court found that the orders of inhibition, prohibition, caution, or restriction were registered to preserve the suit land pending the determination of the case. Since the main suit was determined on 17.2.2011 and there was no opposition to the application, there was no legal basis to continue the encumbrances. The court therefore allowed the application and ordered the lifting of all such restrictions on the specified parcels of land.
Court Disposition
Application allowed; orders of inhibition, prohibition, caution, or restriction on the suit land lifted; no order as to costs.
Orders
- Orders of inhibition, prohibition, caution, or restriction placed against Nyaki/Kithoka/2455, 2456, 2457, 2458, and 2459 are lifted forthwith.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 80 OF 2002
MARY NTIBA (Suing as a legal representative of the estate of
MALIAMU NCURUBI M’IBIRI)........................PLAINTIFF/APPLICANT
VERSUS
FRANCIS M’IMANYARA M’RINGERA....DEFENDANT/RESPONDENT
RULING
1. The application before me dated 13. 12. 2018 seeks orders that the orders of inhibition, prohibitions, caution or restriction placed against the suit land Nyaki/Kithoka/2455, 2456,2457,2458 and 2459 be lifted forthwith and costs be in the cause.
2. The grounds in support of the application are that the orders of inhibition prohibition or caution were registered by the plaintiff/applicant against the suit land to subsist pending the hearing and determination of the suit. The suit was however determined on 17. 2.2011.
3. Applicant has sworn an affidavit in support of the application where he has availed copies of certificate of search in respect of parcels numbers Nyaki/Kithoka 2455, 2456, 2457, 2458 and 2459 whereby it is clear that the land is encumbered.
4. The application is unopposed and I hence allow the same with no orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 7TH DAY OF NOVEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Mwanzia holding brief for Mithega for plaintiff
Nyaga Nyamu holding brief for Rimita for defendant
HON. LUCY. N. MBUGUA
ELC JUDGE