[2023] KEELC 17445 (KLR)
The court found that the inhibition order was expressly tied to the pendency of the appeal. Since the appeal had already been determined, the event justifying the inhibition had occurred. There was no opposition to the application, and no legal basis remained for the inhibition to subsist. Accordingly, the court...
Source-derived case information.
- Citation
- [2023] KEELC 17445 (KLR)
- Parties
- Appellant: Teretha Mutimbi Ngutiku; Appellant: Gitonga Gideon Mburugu; Respondent: M’Itwaruchiu M’mugambi alias Silas Tuaruchiu Mugambi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 28 of 2020
- Procedural Posture
- Environment and Land Appeal / Ruling on Application to Lift Inhibition Order
- Outcome
- Application allowed; inhibition order lifted.
- Judges
- CK Nzili
- Legal Topics
- Inhibition Orders, Land Registration, Discharge of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Teretha Mutimbi Ngutiku
Appellant
Gitonga Gideon Mburugu
Appellant
M’Itwaruchiu M’mugambi alias Silas Tuaruchiu Mugambi
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application to Lift Inhibition Order
Legal Issues
- 1 Whether the inhibition order issued pending appeal should be lifted after determination of the appeal.
Ratio Decidendi
The court found that the inhibition order was expressly tied to the pendency of the appeal. Since the appeal had already been determined, the event justifying the inhibition had occurred. There was no opposition to the application, and no legal basis remained for the inhibition to subsist. Accordingly, the court allowed the application and ordered the inhibition to be lifted.
Court Disposition
Application allowed; inhibition order lifted.
Orders
- The inhibition order issued on 30.8.2021 and extended on 10.9.2021 is hereby lifted.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Ngutiku & another v M’mugambi (Environment and Land Appeal 28 of 2020) [2023] KEELC 17445 (KLR) (17 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17445 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Appeal 28 of 2020
CK Nzili, J
May 17, 2023
Between
Teretha Mutimbi Ngutiku
1st Appellant
Gitonga Gideon Mburugu
2nd Appellant
and
M’Itwaruchiu M’mugambi alias Silas Tuaruchiu Mugambi
Respondent
Ruling
1. The court is asked to lift an inhibition issued on 30. 8.2021 and which was further extended on 10. 9.2021. The reasons for the application are contained in the supporting affidavit on Martin Gituma sworn on 26. 4.2023. It is averred that the purpose for which the inhibition was to subsist has been realized since the appeal was determined on 18. 1.2023. The application is not opposed by the respondent despite service and a return of service filed on 3. 5.2023.
2. Sections 68-71 of the Land Registration Act provides that a court may grant some inhibition orders until an occurrence of an event. In this matter, the inhibition orders were to pend until the appeal was determined. That event has already happened. Therefore, there exists no justification why the inhibition orders should not be discharged or vacated. The upshot is the application is hereby allowed with no order as to costs.
DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERU ON THIS 17TH DAY OF MAY 2023In presence ofC.A John PaulNyenyire for Kamundi for applicantMiss Mukaburu for respondentHON. C.K. NZILIELC JUDGE