[2018] KEELC 3361 (KLR)
The court found that the suit had been fully heard and finalized, with no pending appeals. The inhibitions registered against the specified land titles were imposed to preserve the subject matter pending the determination of the suit. Since the suit was concluded and there was no evidence of any continuing legal...
Source-derived case information.
- Citation
- [2018] KEELC 3361 (KLR)
- Parties
- Plaintiff: Mugendi Edwin; Defendant: Timothy Micheni Kanampiu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 171 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Lift Inhibitions
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Removal of Inhibitions, Land Title Registration, Finalization of Suit, Court Orders on Land, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugendi Edwin
Plaintiff
Timothy Micheni Kanampiu
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Lift Inhibitions
Legal Issues
- 1 Whether the inhibitions registered against the suit land titles should be lifted following the finalization of the suit.
- 2 Whether the plaintiff would be prejudiced by the removal of the inhibitions.
Ratio Decidendi
The court found that the suit had been fully heard and finalized, with no pending appeals. The inhibitions registered against the specified land titles were imposed to preserve the subject matter pending the determination of the suit. Since the suit was concluded and there was no evidence of any continuing legal dispute or risk of prejudice to the plaintiff, the court held that the inhibitions no longer served any purpose. Accordingly, the court exercised its discretion to lift and vacate the inhibitions, ordering the relevant land registrar to remove them forthwith.
Court Disposition
application allowed
Orders
- Any inhibitions registered against title Numbers MWIMBI/CHOGORIA/5295, 5300, 5296, 5294, 5298 and 5297 are hereby lifted and vacated.
- The Registrar responsible for the registers apposite to those titles is ordered to remove those inhibitions forthwith.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LANDCOURT AT CHUKA
CHUKA ELC CASE NO. 171 OF 2017
FORMERLY MERU ELC CASE NO. 200 OF 2012
MUGENDI EDWIN..........................................PLAINTIFF
VERSUS
TIMOTHY MICHENI KANAMPIU...........DEFENDANT
RULING
1. This application is dated 13th April, 2018 and seeks the following orders:
1. That this application be certified as urgent and be heard ex-parte in the first instance.
2. That this honourable court be pleased to order the lifting and vacation of the inhibitions registered against the titles herein.
3. That the costs for and incidental to this application be provided for.
2. The application has the following grounds:
(i) That this is a finalized suit.
(ii) That the inhibitions registered against the titles no longer serve any purpose.
(iii) That the plaintiff will not be prejudiced in any way by the withdrawal of the inhibitions.
3. The application is supported by the affidavit of Timothy Micheni Kanampiu, the applicant sworn on 13th April, 2018. It states as follows
1. That I am named as the defendant in respect of this civil case.
2. That I am the registered owner of land reference numbers:-
a) Mwimbi/Chogoria/5295
b) Mwimbi/Chogoria/5300
c) Mwimbi/Chogoria/5296
d) Mwimbi/Chogoria/5294
e) Mwimbi/Chogoria/5298
f) Mwimbi/Chogoria/5297
g) That the plaintiff sued me in H.C.C. 200 of 2012 court claiming that I obtained the parcels of land fraudulently the in that due process of this land (sic).
3. That all the said parcels of land have been inherited by court orders which decrees (sic) that the inhibitions should remain in force until the determination of this suit (annexed herein find copies of the search certificate in respect of the parcels of lands in question) (MK1)
4. That these (sic) are no appeal pending and the said is fully heard.
5. That I am praying this honourable court to lift and remove the orders of inhibition herein.
6. That content (sic) of this affidavit are true to the best of my knowledge, information and belief.
4. On 15th May,2018, Mr.Timothy Micheni Kanampiu, in the absence of his advocate, Mr. B.G. Kariuki, asked the court to allow his application. He said that he was relying on his supporting affidavit.
5. I have considered the pleadings proffered by the applicant. I find that the application has merit.
6. In the circumstances, the application is allowed with the effect that any inhibitions registered against title Numbers MWIMBI/CHOGORIA/5295, 5300, 5296, 5294, 5298 and 5297 are hereby lifted and vacated and the Registrar responsible for the registers apposite to those titles is ordered to remove those inhibitions forthwith.
7. No costs are awarded.
8. It is so ordered.
Delivered in open court at Chuka this 15th day of May, 2018
in the presence of:
CA: Ndegwa
Timothy Micheni Kanampiu - Applicant
P.M. NJOROGE
JUDGE