[2013] KEHC 6679 (KLR)
The court found that the restriction on Title No. MBETI/GACHOKA/1555 was imposed following a court order in Embu CMCC No. 196 of 1991. However, the applicant had succeeded in Nairobi H.C.C Appeal No. 57 of 2003, effectively resolving the dispute in his favour. No reasons were advanced for the continued existence of...
Source-derived case information.
- Citation
- [2013] KEHC 6679 (KLR)
- Parties
- Applicant: Mugo Mukere; Respondent: The District Land Registrar Embu; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 607 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Removal of Restriction
- Outcome
- application allowed
- Judges
- BN Olao
- Legal Topics
- Removal of Restriction, Land Registration, Court Orders on Land, Title Clearance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugo Mukere
Applicant
The District Land Registrar Embu
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Removal of Restriction
Legal Issues
- 1 Whether the court should order the removal of the prohibition/restriction registered on Title No. MBETI/GACHOKA/1555.
- 2 Whether the applicant is entitled to the removal of the restriction following the outcome of Civil Appeal No. 57 of 2003.
Ratio Decidendi
The court found that the restriction on Title No. MBETI/GACHOKA/1555 was imposed following a court order in Embu CMCC No. 196 of 1991. However, the applicant had succeeded in Nairobi H.C.C Appeal No. 57 of 2003, effectively resolving the dispute in his favour. No reasons were advanced for the continued existence of the restriction, and the respondents did not oppose the application. The court, exercising its powers under Sections 70(d) and 78(2) of the Land Registration Act, determined that there was no legal basis for the restriction to remain and ordered its removal.
Court Disposition
application allowed
Orders
- The prohibition/restriction registered on Title No. MBETI/GACHOKA/1555 is to be removed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
LAND AND ENVIRONMENT COURT
E.L.C MISC APPLICATION NO. 607 OF 2013
MUGO MUKERE ...............................................................................APPLICANT
VERSUS
THE DISTRICT LAND REGISTRAR EMBU......................... 1ST RESPONDENT
THE HON. ATTORNEY GENERAL ......................................2ND RESPONDENT
RULING
This is in respect of the applicant’s Notice of Motion dated 31st May 2013 and filed herein on 3rd June 2013 seeking the main prayer that this Court be pleased to order that the Prohibition/Restriction registered on Title No. MBETI/GACHOKA/1555 on 10th September 1991 be removed.
The application is supported by the applicant’s affidavit in which he depones, inter alia, that the prohibitions/restrictions on the land was vide an order in Embu C.M.C.C No. 196 of 1991 which case was won by the applicant in Civil Appeal No. 57 of 2003.
The application was not opposed and when the matter came up for hearing on 17th September 2013, Mr. Montari for the respondent raised no objections and left the matter to the Court.
I have considered the application.Sections 70 (d) and 78 (2) of the Land Registration Act give the Court the power to cancel and/or remove any inhibitions or restrictions placed on any land. The prohibitions/restrictions placed on the parcel of land No. MBETI/GACHOKA/1555 were following a Court order in Embu CMCC No. 196 of 1991. That case was determined in favour of the applicant in Nairobi H.C.C Appeal No. 57 of 2003 a copy of which was annexed to the applicant’s supporting affidavit.There is therefore no need for the continued prohibitions/restrictions to be on the said land and no reasons have been advanced as to why they should not be removed.
I accordingly allow the application and order the removal of the said prohibitions/restrictions on land No. MBETI/GACHOKA/1555. There shall be no order as to costs.
B.N. OLAO
JUDGE
30TH SEPTEMBER, 2013
30/9/2013
Coram
B.N. Olao – Judge
CC – Muriithi
Applicant – present
Respondents – absent
APPLICANT: My advocate is not in but I wish to take the ruling
COURT: Noted.
Ruling delivered in open Court this 30th day of September 2013.
Applicant present
Respondents – absent.
B.N. OLAO
JUDGE
30TH SEPTEMBER, 2013