[2014] KEHC 226 (KLR)
The court found that the inhibition orders were issued as a temporary measure pending the determination of the plaintiff's suit. Since the suit was dismissed with costs to the defendants, there was no longer any justifiable ground for the continued registration of the inhibition on the 1st defendant's parcels of...
Source-derived case information.
- Citation
- [2014] KEHC 226 (KLR)
- Parties
- Plaintiff: Moses Mwenda Marete; Defendant: Faith Kawira Mwenda; Defendant: Miriam Karwirwa Guantai; Defendant: Co-operative Bank of Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 42 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Lift Inhibition Orders
- Outcome
- application granted
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Land Registration, Implementation of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mwenda Marete
Plaintiff
Faith Kawira Mwenda
Defendant
Miriam Karwirwa Guantai
Defendant
Co-operative Bank of Kenya Ltd
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Lift Inhibition Orders
Legal Issues
- 1 Whether the inhibition orders against L.R. NO.s NTIMA/IGOKI/4102, 5751 and 5958 should be lifted following dismissal of the plaintiff's suit.
- 2 Whether continued registration of the inhibition prejudices the 1st defendant after the suit's conclusion.
Ratio Decidendi
The court found that the inhibition orders were issued as a temporary measure pending the determination of the plaintiff's suit. Since the suit was dismissed with costs to the defendants, there was no longer any justifiable ground for the continued registration of the inhibition on the 1st defendant's parcels of land. The continued existence of the inhibition would unfairly prejudice the 1st defendant, and it was necessary to lift the orders to facilitate the implementation of the court's earlier ruling. Accordingly, the court granted the application to lift, discharge, and/or set aside the inhibition orders and directed that the Land Registrar be served with the order for compliance.
Court Disposition
application granted
Orders
- The inhibition orders made on 7th February, 2013 against L.R. NO.s NTIMA/IGOKI/4102, 5751 and 5958 are lifted, discharged and/or set aside.
- A copy of the order lifting the inhibitions shall be served upon the Land Registrar Meru Central District for compliance.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 42 OF 2013
MOSES MWENDA MARETE.............................................................................PLAINTIFF
VERSUS
FAITH KAWIRA MWENDA...................................................................1ST DEFENDANT
MIRIAM KARWIRWA GUANTAI..........................................................2ND DEFENDANT
CO-PERATIVE BANK OF KENYA LTD...............................................3RD DEFENDANT
RULING
This application is dated 17th October, 2014 and seeks orders
THATthis Honourable court be pleased to certify this application as urgent and hear it ex parte.
THATthis Honourable Court be pleased to lift, discharge and/or set aside inhibition orders made on 7th February, 2013 against L. R. NO.S Ntima/Igoki/4102, 5751 and 5958.
THATa copy of the order lifting, discharging and/or setting aside the inhibitions under the seal of this Honourable Court be served upon the Land Registrar Meru Central District for complaisance.
THATthe costs of this application be provided for.
It has the following grounds:
THATon 7th February, 2013 this Court issued temporary orders of inhibition against LR. NO.s NTIMA/IGOKI/4102, 5751 and 5958 following an application by the plaintiff dated 29th January, 2013, the inhibitions were duly registered at the Meru Lands Office and exist to date.
THATon 10th March, 2014 following inter partes hearing of the said application this Court dismissed the plaintiff's application as well as the entire suit with costs to the defendants.
THATin the circumstances, there is no justifiable ground for the continued registration of the inhibition on the 1st defendant's parcels of land as the suit has been finalized.
4. THAT further the continued registration of the inhibition on the 1st defendant's parcels of land has prejudiced her.
5. THAT it is only fair, just and expedient that this application be allowed and the inhibitions against L.R. NO.s NTIMA/IGOKI/4102, 5751 and 5958 be removed.
The application is merely facilitative. It seeks to facilitate the implementation of this court's ruling delivered on 10th March, 2014.
In the circumstances, prayers 2 and 3 of the application are granted.
Costs are awarded to the First Defendant only.
It so ordered.
Delivered in open Court this 28th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Muthomi h/b Njeru Ngari for 1st defendant/applicant.
P. M. NJOROGE
JUDGE