[2017] KEELC 879 (KLR)
The court found that the 1st respondent's interest in the suit property had been extinguished following the sale to David Mugambi Nyamu, who was subsequently allocated the property through the succession process. There was no evidence of any pending dispute or claim between the applicants and the 1st respondent. The...
Source-derived case information.
- Citation
- [2017] KEELC 879 (KLR)
- Parties
- Applicant: Pauline Wangui Waweru; Applicant: Rose Wanjiru Waweru; Respondent: Peter Njoro Njenga; Respondent: District Registrar of Land
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Removal of Caution
- Outcome
- application granted
- Judges
- FM Njoroge
- Legal Topics
- Removal of Caution, Land Title, Transfer of Land, Succession, Registrar Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Wangui Waweru
Applicant
Rose Wanjiru Waweru
Applicant
Peter Njoro Njenga
Respondent
District Registrar of Land
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Removal of Caution
Legal Issues
- 1 Whether the caution lodged by the 1st respondent against Title No. MAGUMONI/MUKUUNI/529 should be removed.
- 2 Whether there is any pending dispute or claim between the applicants and the 1st respondent justifying the caution.
- 3 Whether the Land Registrar requires a court order to remove the caution to facilitate transfer of the property.
Ratio Decidendi
The court found that the 1st respondent's interest in the suit property had been extinguished following the sale to David Mugambi Nyamu, who was subsequently allocated the property through the succession process. There was no evidence of any pending dispute or claim between the applicants and the 1st respondent. The Land Registrar required a court order to remove the caution to facilitate the transfer of the property to the rightful owner. Proper service of the hearing notice had been effected on the respondents, who failed to appear or contest the application. Accordingly, the court granted the order for removal of the caution as sought by the applicants.
Court Disposition
application granted
Orders
- The caution placed against Title No. MAGUMONI/MUKUUNI/529 lodged by the 1st respondent is to be removed forthwith.
- No order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA MISCELLANEOUS APPLICATION NO. 06 OF 2017
FORMERLY MERU ELC MISC. APPLICATION NO. 99 OF 2016
PAULINE WANGUI WAWERU………………….1ST APPLICANT
ROSE WANJIRU WAWERU……………………2ND APPLICANT
VERSUS
PETER NJORO NJENGA…………………..1ST RESPONDENT
DISTRICT REGISTRAR OF LAND………...2ND RESPONDENT
RULING
1. This application is dated 14. 12. 2016 and seeks orders:
1. That this honourable court be pleased to order removal of caution in title No. MAGUMONI/MUKUUNI/529 lodged by the 1st Respondent Peter Njoro Njenga.
2. Cost of this application be borne by the Respondent.
2. The application has the following grounds:
a) That the 1st Respondent lodged the caution owing to the fact that there was a pending sale and / or transfer of the suit property between himself and the owner Waweru Kamau (now deceased).
b) That in the intervening period, the 1st respondent sold the suit property to one David Mugambi Nyamu herein who finalized everything with the 1st respondent and in turn introduced the applicant to the administrators of the estate of the late Waweru Kamau.
c) That the said David Mugambi Nyamu thereafter participated in the distribution of the deceased estate and has been given the subject property herein as a purchaser for value.
d) That the said parcel of land cannot be transferred to David Mugambi Nyamu in accordance with the confirmed grant unless the caution is removed.
e) That there is no other pending dispute and / or claim between the applicant and the 1st respondent and it’s only fair that the caution be removed.
f) That the Land Registrar requires an order removing the caution to enable him execute the order.
3. On 21. 11. 2017, M/s Endoo, the applicants advocate, referred the court to two affidavits of service showing that today’s hearing date had been served upon the respondents. They are not in court. I am satisfied that proper service had been effected upon them.
4. M/s Endoo asked the court to grant the prayers in the application.
5. Prayer 1 in the application that the caution placed against Title No. MAGUMONI/MUKUUNI/529 lodged by the 1st respondent be removed is granted. It is ordered that the caution be removed forthwith.
6. No costs are awarded.
7. It is so ordered.
Delivered in open court at Chuka this 21st day of November, 2017
in the presence of:
CA: Ndegwa
Endoo for the Applicant
P.M. NJOROGE
JUDGE