https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4885
The court declined to grant the substantive prayer for unconditional lifting of the inhibition at this stage because the respondent had not been heard. The court held that observance of the right to be heard was necessary before determining the application, and directed that the applicant reconstruct a skeleton file...
Source-derived case information.
- Citation
- [2026] KEELC 4885 (KLR)
- Parties
- Applicant/plaintiff: JOSEPH WAWERU NJOROGE; Respondent/defendant: FREDRICK MUNGE MBUGUA
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E016 of 2025
- Procedural Posture
- Environment and Land Court Miscellaneous Application / Ruling on Notice of Motion Dated 13/2/2025
- Outcome
- Application not determined on the merits; directions issued for hearing
- Judges
- ["MD Mwangi"]
- Legal Topics
- Inhibition Orders, Removal of Inhibition, Right to Be Heard, Dismissal for Want of Prosecution, Transfer of Suit, Interlocutory Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOSEPH WAWERU NJOROGE
Applicant/plaintiff
FREDRICK MUNGE MBUGUA
Respondent/defendant
Procedural Posture
Environment and Land Court Miscellaneous Application / Ruling on Notice of Motion Dated 13/2/2025
Legal Issues
- 1 Whether the court should lift the inhibition order against parcel NYANDARUA/KITIRI/564 unconditionally
- 2 Whether the application could be determined without hearing the respondent
- 3 Whether the matter required reconstruction of the lower file before hearing
Ratio Decidendi
The court declined to grant the substantive prayer for unconditional lifting of the inhibition at this stage because the respondent had not been heard. The court held that observance of the right to be heard was necessary before determining the application, and directed that the applicant reconstruct a skeleton file if the Nyahururu file was unavailable and serve the respondent for early hearing.
Court Disposition
Application not determined on the merits; directions issued for hearing
Orders
- Applicant to constitute a skeleton file if the Nyahururu file is not available
- Applicant to serve the respondent for an early hearing of the application
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA** **ELC MISC NO E016 OF 2025** **JOSEPH WAWERU NJOROGE..............................................PLAINTIFF** **VERSUS** **FREDRICK MUNGE MBUGUA..............................................DEFENDANT** **RULING:** In the Notice of Motion dated 13/2/2025, the Applicant prayed that the Court do lift the Court order /inhibition placed on the parcel of land No. NYANDARUA/KITIRI/564 unconditionally. He also asked for costs. The grounds upon which he brought the Application are that the Respondent instituted a suit against the Applicant in Milimani High Court Civil Suit No. 3530 of 1992 where an order of inhibition was issued to be registered against the land parcel No. NYANDARUA/KITIRI/564 on 8/1/1992. The suit was then dismissed for want of prosecution on 20/6/2001 yet the inhibition is still partly registered on the subject parcel of the land. The Applicant laments that the inhibition prevents him from enjoying his rights over the land being the owner of the same. The suit in Milimani was transferred to Nyahururu ELC Court which is now Nyandarua ELC Court. He also says that he has made the Application in good faith. I have heard the Applicant’s side of the story yet the Respondent has not been heard yet. It is quite important for him to be given an opportunity to be heard. I therefore order that the Applicant do constitute a skeleton file if the Nyahururu file is not available. He should then serve the Respondent for an early hearing of his Application. Ruling read**, signed and delivered at Nyandarua this 29th Day of July, 2026.** **MUGO KAMAU** **JUDGE** **In the Presence of: -** **Court Assistant: Samson** **Applicant : Physically present in person in court.** **Respondent: N/A .**