[2017] KEELC 1048 (KLR)

[2017] KEELC 1048 (KLR)

The court found that the appellant had received the land he claimed, as confirmed by his statement to the court. There being no objection from the respondent and no outstanding issues, the court held that the suit was settled and finally determined. Consequently, the inhibition previously placed on the relevant land...

Source-derived case information.

Citation
[2017] KEELC 1048 (KLR)
Parties
Appellant: Nicholus Munene Murithi; Respondent: Lydia Kageni Njoka; Interested Party: Evans Gitonga Borana
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment and Land Appeal 9 of 2017
Procedural Posture
Civil Appeal / Ruling on Settlement and Final Determination
Outcome
suit marked as settled and finally determined; inhibition lifted; no order as to costs
Judges
FM Njoroge
Legal Topics
Land Inhibition, Settlement of Land Disputes
Source Language
en
Land and Property Land Inhibition Settlement of Land Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nicholus Munene Murithi

Appellant

Lydia Kageni Njoka

Respondent

Evans Gitonga Borana

Interested Party

Procedural Posture

Civil Appeal / Ruling on Settlement and Final Determination

Legal Issues

  1. 1 Whether the appellant has received the land claimed in the suit.
  2. 2 Whether the inhibition placed on the land parcel should be lifted.

Ratio Decidendi

The court found that the appellant had received the land he claimed, as confirmed by his statement to the court. There being no objection from the respondent and no outstanding issues, the court held that the suit was settled and finally determined. Consequently, the inhibition previously placed on the relevant land parcel was ordered to be lifted, as the dispute had been resolved and there was no further justification for maintaining the restriction. The court exercised its discretion not to award costs to any party, considering the amicable settlement of the matter.

Court Disposition

suit marked as settled and finally determined; inhibition lifted; no order as to costs

Orders

  • The suit is marked as settled and finally determined.
  • The inhibition placed against land parcel NO. KARINGANI/MUGIRIRWA/2158 is lifted and removed forthwith.