[2000] KEHC 177 (KLR)
The court found that the plaintiff had established ownership of the suit land through documentary evidence, including the title deed, sale agreement, and Land Control Board consents. There was no evidence from the defendant to justify the lodging of the caution. The court held that in the absence of any legal or...
Source-derived case information.
- Citation
- [2000] KEHC 177 (KLR)
- Parties
- Plaintiff: Mary Wambui Peter Ngige; Defendant: Mamu Ene Torinke Karori
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 263 of ??
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- JK Mulwa
- Legal Topics
- Removal of Caution, Ownership of Land, Land Transfer, Land Control Board Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wambui Peter Ngige
Plaintiff
Mamu Ene Torinke Karori
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Land Kajiado/Kaputei North/1473.
- 2 Whether the caution lodged by the defendant against the suit land is justified.
Ratio Decidendi
The court found that the plaintiff had established ownership of the suit land through documentary evidence, including the title deed, sale agreement, and Land Control Board consents. There was no evidence from the defendant to justify the lodging of the caution. The court held that in the absence of any legal or equitable interest by the defendant, the caution was unjustified and should be removed. The plaintiff was therefore entitled to the orders sought, including removal of the caution and costs of the suit.
Court Disposition
Judgment for the plaintiff.
Orders
- The caution lodged by the defendant against Land Kajiado/Kaputei North/1473 is to be removed forthwith.
- The defendant shall pay the costs of this suit.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 263 OF 2000
MARY WAMBUI PETER NGIGE ……………………..….PLAINTIFF -VERSUS- MAMU ENE TORINKE KARORI……………………………….DEFENDANT
JUDGMENT
The plaintiff sued the defendant for orders that:
(a) The caution lodge against the Land Kajiado/Kaputei North/1473 lodged by the defendant be removed.
(b) The defendants bears the costs of this application
(c) The court makes any further orders as it may deem fit. An interlocutory judgement against he defendant was entered on 12. 6.2000.
During the formal proof the plaintiff gave evidence that she is the owner of the land in question having bought it in 1993 from the husband of the defendant. She produced the title deed, the agreement for sale dated 3. 4.1993, the Land Control Board consents dated 10. 3.1998 and the evidence of the caution by the defendant. From the plaintiffs evidence it is clear that the land in question belongs to the plaintiff. There is no evidence to support the lodging of the caveat by the defendant and there is no justification for the caution.
The plaintiff is entitled to the orders prayed for. The caution is to be removed forthwith and the defendant shall pay the costs of this suit.
Delivered and dated this 21st day of July, 2000.
KASANGA MULWA
JUDGE