[2025] KEELC 4151 (KLR)
The court found that the inhibition registered against land parcel Mwimbi/Murugi/2826 was entered pursuant to an order in a suit that has since been concluded and that there is no evidence of a pending appeal. Since the application to vacate the inhibition was unopposed and there was no justification for maintaining...
Source-derived case information.
- Citation
- [2025] KEELC 4151 (KLR)
- Parties
- Plaintiff: Wilfred Miriti M’Murika; Defendant: Benson Nyaga Mwiandi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 49 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion to Vacate Inhibition
- Outcome
- Application allowed; inhibition to be vacated; no order as to costs.
- Judges
- BM Eboso
- Legal Topics
- Land Inhibition, Removal of Inhibition, Land Registry Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Miriti M’Murika
Plaintiff
Benson Nyaga Mwiandi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion to Vacate Inhibition
Legal Issues
- 1 Whether the inhibition registered against land parcel Mwimbi/Murugi/2826 should be vacated.
- 2 Whether there is any pending appeal justifying the continuation of the inhibition.
Ratio Decidendi
The court found that the inhibition registered against land parcel Mwimbi/Murugi/2826 was entered pursuant to an order in a suit that has since been concluded and that there is no evidence of a pending appeal. Since the application to vacate the inhibition was unopposed and there was no justification for maintaining the inhibition, the court allowed the application, ordering the inhibition to be vacated. The court also clarified that the operative order should refer to 'inhibition' rather than 'caution/caveat.' No order as to costs was made.
Court Disposition
Application allowed; inhibition to be vacated; no order as to costs.
Orders
- The inhibition registered against land parcel Mwimbi/Murugi/2826 is hereby vacated.
- The operative order shall refer to 'inhibition' and not 'caution/caveat'.
Full Case Text
Judgment text and source record
19 paragraphs
M’Murika v Mwiandi (Environment & Land Case 49 of 2017) [2025] KEELC 4151 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEELC 4151 (KLR)
Republic of Kenya
In the Environment and Land Court at Chuka
Environment & Land Case 49 of 2017
BM Eboso, J
May 21, 2025
Between
Wilfred Miriti M’Murika
Plaintiff
and
Benson Nyaga Mwiandi
Defendant
Ruling
1. Through the notice of motion dated 6/9/2024, the defendant seeks an order vacating the inhibition existing in the land register relating to land parcel number Mwimbi/Murugi/2826. The inhibition was entered on 23/1/2015 pursuant to an order issued in Meru Environment and land Court Case No 9 of 2014 (Originating Summons).
2. The record before the court shows that this suit was originally instituted as Meru ELC Case No 9 of 2014 (OS). The record also shows that on 14/1/2015, the Environment and Land Court at Meru (Njoroge J) issued an inhibition in the suit. The said case was subsequently transferred to Chuka Environment and Land Court where it was concluded.
3. The application is unopposed. Counsel for the applicant has indicted that the applicant is not aware of any pending appeal.
4. In the above circumstances, the court will allow the application dated 6/9/2024 in terms of prayers 1 and 2 save that the words “caution/caveat” shall be replaced with the word “inhibition.” There shall be no order as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT CHUKA THIS 21ST DAY OF MAY, 2025. B M EBOSO [MR]JUDGE.In the Presence of:Mr. Gachomo Advocate for the DefendantCourt Assistant – Mr. Mwangi