[2018] KEELC 3334 (KLR)
The court found that since the suit concerning land parcel Kyeni/Mufu/1034 was dismissed on 26th February 2016, there was no longer any basis for the inhibition to remain in place. The inhibition had served its purpose of preserving the subject matter during the pendency of the suit, and with the suit's dismissal,...
Source-derived case information.
- Citation
- [2018] KEELC 3334 (KLR)
- Parties
- Plaintiff: Ndwiga Kiura; Defendant: Benson Kiura
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 198 of 1995
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Lift Inhibition
- Outcome
- application allowed
- Legal Topics
- Removal of Inhibition, Land Registration, Finality of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndwiga Kiura
Plaintiff
Benson Kiura
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Lift Inhibition
Legal Issues
- 1 Whether the inhibition registered against land parcel Kyeni/Mufu/1034 should be lifted after the suit was dismissed.
- 2 Whether any further dispute exists to justify the continued inhibition.
Ratio Decidendi
The court found that since the suit concerning land parcel Kyeni/Mufu/1034 was dismissed on 26th February 2016, there was no longer any basis for the inhibition to remain in place. The inhibition had served its purpose of preserving the subject matter during the pendency of the suit, and with the suit's dismissal, the continued existence of the inhibition was untenable. Therefore, the application to lift the inhibition was allowed.
Court Disposition
application allowed
Orders
- The orders of inhibition registered against land parcel No. Kyeni/Mufu/1034 as entry no. 4 are hereby lifted.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 198 OF 1995
NDWIGA KIURA................................................PLAINTIFF
VERSUS
BENSON KIURA..............................................DEFENDANT
RULING
1. The application dated 2nd February 2018 seeks orders to remove the orders of inhibition registered against land parcel no. Kyeni/Mufu/1034 as entry no. 4 registered on 27th February 1996. The reasons given are that the suit subject of the inhibition has already been finally determined and no further dispute is envisaged.
2. The application is supported by the grounds set out in the affidavit of the applicant.
3. I have perused the record and I find that indeed this suit was dismissed on 26. 2.2016. It is hence no longer tenable for the inhibition to remain in place.
4. The application is hence allowed as drawn. The orders of inhibition registered against land parcel No. Kyeni/Mufu/1034 as entry no 4 are hereby lifted.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 16th MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Kioga for applicant present
No appearance for respondent
HON. LUCY. N. MBUGUA
ELC JUDGE