[2019] KEELC 3720 (KLR)
The court found that since the plaintiff's suit had been dismissed on 21st March, 2018, there was no longer any legal basis for the caution, inhibition, or restriction registered against L.R. No. Mwimbi/S. Mugumango/565. The application by the defendant was therefore merited as it sought to facilitate the...
Source-derived case information.
- Citation
- [2019] KEELC 3720 (KLR)
- Parties
- Plaintiff: M’Rama Mitambo; Defendant: Nkonge Rubara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 119 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Removal of Caution and Restrictions
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Removal of Caution, Land Registration, Post Judgment Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Rama Mitambo
Plaintiff
Nkonge Rubara
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Removal of Caution and Restrictions
Legal Issues
- 1 Whether the court should order the removal of inhibition, cautions, and restrictions registered against L.R. No. Mwimbi/S. Mugumango/565 following dismissal of the suit.
- 2 Whether the Land Registrar should be compelled to effect the removal of such entries.
Ratio Decidendi
The court found that since the plaintiff's suit had been dismissed on 21st March, 2018, there was no longer any legal basis for the caution, inhibition, or restriction registered against L.R. No. Mwimbi/S. Mugumango/565. The application by the defendant was therefore merited as it sought to facilitate the implementation of the court's judgment. The court exercised its jurisdiction to order the Land Registrar to remove all such entries forthwith, restoring the defendant's full rights over the property. Costs were awarded to the applicant as the application was unopposed and justified by the circumstances.
Court Disposition
application allowed
Orders
- The Land Registrar Meru South at Chuka is ordered to remove any orders of inhibition, caution, or restriction lodged and registered against parcel of land L.R. No. Mwimbi/S. Mugumango/565 forthwith.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 119 OF 2017
FORMERLY MERU ELC. 48 OF 2010 (OS)
M’RAMA MITAMBO............................PLAINTIFF
VERSUS
NKONGE RUBARA...........................DEFENDANT
RULING
1. This application is dated 27th February, 2019 and seeks orders:
1. That this honourable court be pleased to issue orders for the removal of inhibition, cautions and other restrictions which were lodged and registered against parcel of land L.R. No. Mwimbi/S. Mugumango/565.
2. That the Land Registrar Meru South at Chuka be ordered to remove the said orders of inhibition, cautions and restrictions which were lodged and registered in parcel of land L.R. NO. Mwimbi/S. Mugumango/565.
3. That the costs of this application be paid by the plaintiff.
2. The application is supported by the affidavit of Nkonge Rubara, the defendant sworn on 27th February, 2019 which states:
I, NKONGE RUBARA of P. O. Box 39, Chogoria in the Republic of Kenya do hereby make oath and state as follows:
1. That I am the defendant/applicant herein hence I am competent to make and swear this affidavit.
2. That the plaintiff filed this suit on the 6th day of April, 2010.
3. That on 29. 10. 1987 the plaintiff lodged a caution and the same was registered against L.R. No. Mwimbi/S. Mugumango/565.
4. That this suit was dismissed by the court on 21. 3.2018. Annexed is the copy of the judgment and certificate of official search marked “NR1” and “NR2”.
5. That now I pray this honourable court to order The Land Registrar Meru South to remove the orders of inhibition, cautions and restrictions lodged against my land L.R. No. Mwimbi/S. Mugumango/565.
6. That I further make this affidavit in support of my application annexed hereto praying for the removal of the caution lodged against L.R. No. Mwimbi/S. Mugumango/565.
7. That what I have deponed to herein above is true to the best of my knowledge, information and belief.
3. Miss Wanjohi, for the defendant, asked the court to allow the application as it is merely meant to facilitate implementation of this court’s judgment delivered on 21st March, 2018. I agree.
4. In the circumstances, the application is allowed in terms of prayer 2 with the effect that the Land Registrar in charge of records concerning Land Parcel No. MWIMBI/S. MUGUMANGO/565 is ordered to remove any orders of inhibition, caution or restriction lodged and registered against this parcel of land forthwith.
5. Costs are awarded to the applicant.
6. It is so ordered.
Delivered in open Court at Chuka this 24th day of April, 2019 in the presence of:
CA: Ndegwa
Miss Wanjohi present for the Defendant/Applicant
Firm of Kiautha absent for the Plaintiff/Respondent
P.M. NJOROGE
JUDGE