[2023] KEHC 2731 (KLR)
The court found that since the appeal had been withdrawn on November 1, 2018, the inhibition order issued on February 18, 2020, was no longer serving any legal purpose. The respondent, having been duly served, failed to oppose the application. The applicant is therefore entitled to the enjoyment of its property...
Source-derived case information.
- Citation
- [2023] KEHC 2731 (KLR)
- Parties
- Applicant: Meru South Farmers Cooperative Union Ltd; Respondent: Onesmus Njagi Mwiandi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 4 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Application to Lift Inhibition Order
- Outcome
- application allowed
- Judges
- LW Gitari
- Legal Topics
- Inhibition Orders, Withdrawal of Appeal, Land Ownership Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meru South Farmers Cooperative Union Ltd
Applicant
Onesmus Njagi Mwiandi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Lift Inhibition Order
Legal Issues
- 1 Whether the inhibition order on land parcel No Magumoni/Mukuuni/439 should be lifted following the withdrawal of the appeal.
- 2 Whether the applicant is entitled to enjoy rights to the property without hindrance after the appeal was withdrawn.
Ratio Decidendi
The court found that since the appeal had been withdrawn on November 1, 2018, the inhibition order issued on February 18, 2020, was no longer serving any legal purpose. The respondent, having been duly served, failed to oppose the application. The applicant is therefore entitled to the enjoyment of its property rights without unnecessary hindrance. Consequently, the inhibition order on land parcel No Magumoni/Mukuuni/439 was lifted.
Court Disposition
application allowed
Orders
- The orders of inhibition issued on land parcel No Magumoni/Mukuuni/439 on February 18, 2020 are hereby lifted.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Meru South Farmers Cooperative Union Ltd v Mwiandi (Civil Appeal 4 of 2015) [2023] KEHC 2731 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2731 (KLR)
Republic of Kenya
In the High Court at Chuka
Civil Appeal 4 of 2015
LW Gitari, J
March 24, 2023
Between
Meru South Farmers Cooperative Union Ltd
Applicant
and
Onesmus Njagi Mwiandi
Respondent
Ruling
1. I have considered the application dated March 14, 2023 which was filed under a certificate of urgency. I did certify the application as urgent and ordered that it be served. I have noted that the counsel for the applicant has filed an affidavit of service showing that the respondent was duly served. The respondent has not appeared nor have they filed replying affidavit to oppose the application.
2. In the circumstances I find that the application is not opposed. The order sought to be set aside is not serving any purpose as this appeal is not pending as it was withdrawn on November 1, 2018.
3. The applicant is at liberty to enjoy the right to his property without any unnecessary hindrance. For these reasons I allow the application.I order that:1. The orders of inhibition issued on land parcel No Magumoni/Mukuuni/439 on February 18, 2020 is hereby lifted.2. I make no orders as to costs.
DATED, SIGNED AND DELIVERED AT CHUKA THIS 24TH DAY OF MARCH 2023. L.W. GITARIJUDGE24/3/2023Court:This file be now closed.L.W. GITARIJUDGE24/3/2023