[2024] KEHC 14111 (KLR)
The court found that since the appeal had been allowed and the revocation orders of the trial court set aside, the applicant was entitled to the fruits of the judgment. The cautions and/or restrictions placed on the suit land by the respondent and his relatives, claiming purchaser's interests, were impeding the...
Source-derived case information.
- Citation
- [2024] KEHC 14111 (KLR)
- Parties
- Applicant: Dorcas Njoki Mugo; Respondent: Crispin Kienyu Kang’ethe
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E016 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Chamber Summons
- Outcome
- application allowed
- Judges
- LM Njuguna
- Legal Topics
- Removal of Caution, Land Registration, Implementation of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Njoki Mugo
Applicant
Crispin Kienyu Kang’ethe
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Chamber Summons
Legal Issues
- 1 Whether the cautions and/or restrictions placed on parcel number Kaagari/Weru/1168 should be lifted following the court's judgment allowing the appeal.
- 2 Whether the applicant is entitled to the orders sought to enable implementation of the grant and enjoyment of the judgment.
Ratio Decidendi
The court found that since the appeal had been allowed and the revocation orders of the trial court set aside, the applicant was entitled to the fruits of the judgment. The cautions and/or restrictions placed on the suit land by the respondent and his relatives, claiming purchaser's interests, were impeding the implementation of the grant and distribution of the estate. As the application was unopposed and the court had already determined it had jurisdiction, the court held that the orders sought were merited to enable the applicant to enjoy the judgment and facilitate the distribution of the estate. Accordingly, the court ordered the Land Registrar Embu to lift the cautions and/or...
Court Disposition
application allowed
Orders
- The Land Registrar Embu is ordered to lift the cautions and/or restrictions placed on land parcel number Kaagari/Weru/1168 by Crispin Kienyu Kang’ethe, Benson Gichuhi Kang’ethe, Susan Wambui Kang’ethe and Esther Muthoni Kang’ethe claiming purchaser’s interests.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Mugo v Kang’ethe (Civil Appeal E016 of 2022) [2024] KEHC 14111 (KLR) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14111 (KLR)
Republic of Kenya
In the High Court at Embu
Civil Appeal E016 of 2022
LM Njuguna, J
November 13, 2024
Between
Dorcas Njoki Mugo
Applicant
and
Crispin Kienyu Kang’ethe
Respondent
Ruling
1. For determination is chamber summons dated 07th July 2023 through which the applicant is seeking the following orders:a.That the honourable court be pleased to lift the cautions and or restrictions placed on parcel number Kaagari/Weru/1168; andb.That costs of this application be provided for.
2. The application is premised on the grounds on its face and facts deposed in the supporting affidavit thereof.
3. It is the applicant’s case that while the appeal herein was pending determination, the respondent and his 3 relatives proceeded to encumber the suit land claiming purchaser’s interest. That following this court’s judgment delivered on 03rd July 2023, the appeal was allowed, setting aside the revocation orders of the trial court. That it is important that the orders sought be granted to enable implementation of the grant and for the applicant to enjoy the fruits of the said judgment.
4. The respondent, despite being served with the application, did not file a response.
5. The parties did not file any written submissions in the case.
6. The issue for determination is whether the application has merit.
7. Having determined that this court bears jurisdiction to determine the application herein through a ruling delivered on 08th May 2024, this court has considered the application which is unopposed. It is premised on the findings of the court setting aside revocation orders by the trial court. Therefore, the orders sought herein will enable distribution of the estate.
8. In the circumstances, I find that the application has merit and it is hereby allowed with orders thus:a.The Land Registrar Embu is hereby ordered to lift the cautions and/or restrictions placed on land parcel number Kaagari/Weru/1168 by Crispin Kienyu Kang’ethe, Benson Gichuhi Kang’ethe, Susan Wambui Kang’ethe and Esther Muthoni Kang’ethe claiming purchaser’s interests;b.There shall be no order as to costs.
9. It is so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 13TH DAY OF NOVEMBER, 2024. L. NJUGUNAJUDGE……………………… for the Applicant…………………………… for the Respondent