https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4518
The court found that the Applicant is the registered proprietor of Kajiado/Kitengela/4308, the inhibition had remained on the title for over ten years, the underlying suit Kajiado ELC 591 of 2015 had been dismissed, and the court that dismissed it failed to lift the restriction. Because there was therefore no legal...
Source-derived case information.
- Citation
- [2026] KEELC 4518 (KLR)
- Parties
- Applicant: Paul Wamae Kabogo; Respondent: Land Registrar, Kajiado
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E052 of 2026
- Procedural Posture
- Environment and Land Miscellaneous Case / Ruling on Notice of Motion
- Outcome
- Application allowed.
- Judges
- ["MD Mwangi"]
- Legal Topics
- Inhibition, Lifting Inhibition, Registered Proprietorship, Effect of Dismissal of Suit on Land Restriction, Section 70 Land Registration Act, Section 19 Environment and Land Court Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Wamae Kabogo
Applicant
Land Registrar, Kajiado
Respondent
Procedural Posture
Environment and Land Miscellaneous Case / Ruling on Notice of Motion
Legal Issues
- 1 Whether the inhibition registered against the title to Kajiado/Kitengela/4308 should be lifted.
- 2 Whether the dismissal of Kajiado ELC 591 of 2015 left any basis for maintaining the inhibition.
- 3 Whether the Applicant, as registered proprietor and non-party to the earlier suit, should continue to bear a restriction imposed in that suit.
Ratio Decidendi
The court found that the Applicant is the registered proprietor of Kajiado/Kitengela/4308, the inhibition had remained on the title for over ten years, the underlying suit Kajiado ELC 591 of 2015 had been dismissed, and the court that dismissed it failed to lift the restriction. Because there was therefore no legal basis to continue the inhibition, the court ordered its removal under section 70 of the Land Registration Act and section 19 of the Environment and Land Court Act.
Court Disposition
Application allowed.
Orders
- The relevant Land Registrar shall forthwith lift the inhibition registered on 30th November 2015 against title to Kajiado/Kitengela/4308 pursuant to the order issued in HCC ELC No. 222 of 2015.
Full Case Text
Judgment text and source record
1 paragraphs
Kabogo v Land Registrar, Kajiado (Environment and Land Miscellaneous Case E052 of 2026) [2026] KEELC 4518 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEELC 4518 (KLR) Republic of Kenya In the Environment and Land Court at Kajiado Environment and Land Miscellaneous Case E052 of 2026 MD Mwangi, J July 16, 2026 Between Paul Wamae Kabogo Applicant and Land Registrar, Kajiado Respondent (In respect of the Notice of Motion dated 7th July 2026 principally brought under the provisions of section 70 of the Land Registration Act.) Ruling 1.The Applicant herein is the registered proprietor of the parcel of land known as Kajiado/Kitengela/4308 as confirmed by the certificate of official search annexed to the application and dated 14th April 2026. The certificate of official search further discloses that on 30th November 2015, an inhibition was registered pursuant to an order of the court issued in HCC ELC No. 222 of 2015, prohibiting ‘any dealings till further order from the court is issued’. 2.The case at the time of issuance of the inhibition order was in Machakos. Subsequent to the establishment of the ELC at Kajiado, the suit amongst others was transferred to Kajiado where it was registered as Kajiado ELC 591 of 2015. Interestingly, the Applicant herein was not a party to the suit in spite of being the registered proprietor of the land parcel number Kajiado/Kitengela/4308, the subject matter of the suit. 3.I have had occasion to peruse the file and confirm that it has indeed been dismissed. The court in dismissing the suit however, failed to issue an order lifting the inhibition on the Applicant’s title. 4.The inhibition unnecessarily limits the proprietor’s full enjoyment of his proprietary rights over his property. As this court has repeatedly stated, an inhibition, caution or a caveat are temporary measures which are not meant to exist in perpetuity. The inhibition order on the Applicant’s title has existed for over ten (10) years now. 5.The case, Kajiado ELC 591 of 2015, having been dismissed there is no basis whatsoever for the maintenance of the inhibition order over the Applicant’s title. 6.This court exercising it authority under section 70 of the Land Registration Act and Section 19 of the ELC Act, directs the relevant Land Registrar to forthwith lift the inhibition order registered on 30th November 2015 on the title to the parcel number Kajiado/Kitengela/4308 pursuant to an order of the court issued in HCC ELC No. 222 of 2015.Orders accordingly. DATED, SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 16TH DAY OF JULY 2026.M.D. MWANGIJUDGEIn the virtual presence of:Ms. Njanja Maina for the ApplicantN/A by the RespondentCourt Assistant: Alex