[2015] KEHC 3293 (KLR)
The court found that the orders of inhibition and caution on LR.NO.KARINGANI/MUGIRIRWA/962 were preventing the implementation of its earlier judgment and decree, which had directed the transfer of the property to the applicant. Since the transfer documents were ready but could not be registered due to these...
Source-derived case information.
- Citation
- [2015] KEHC 3293 (KLR)
- Parties
- Plaintiff: Phares Nyaga Nyiriia; Defendant: Mbiuki Bundi Ntiro; Defendant: Elizaphan Nyaga M'Bundi; Defendant: Petkay Swen Miriti M'Nkiria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 106 of 2000
- Procedural Posture
- Civil Case / Ruling on Post Judgment Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Removal of Inhibition, Land Transfer, Execution of Decree, Title Deed Production
- 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
Phares Nyaga Nyiriia
Plaintiff
Mbiuki Bundi Ntiro
Defendant
Elizaphan Nyaga M'Bundi
Defendant
Petkay Swen Miriti M'Nkiria
Defendant
Procedural Posture
Civil Case / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the inhibition and caution registered against LR.NO. KARINGANI MUGIRIRWA/962 should be removed to give effect to the court's decree and judgment.
- 2 Whether the production of the original title deed before the Land Registrar should be dispensed with to facilitate registration of the transfer.
Ratio Decidendi
The court found that the orders of inhibition and caution on LR.NO.KARINGANI/MUGIRIRWA/962 were preventing the implementation of its earlier judgment and decree, which had directed the transfer of the property to the applicant. Since the transfer documents were ready but could not be registered due to these encumbrances and the unavailability of the original title deed, the court held that it was just and necessary to remove the inhibition and caution and to dispense with the requirement for the original title deed. This would ensure that the applicant could enjoy the fruits of the judgment in his favor and that the decree of the court was not rendered nugatory by procedural obstacles....
Court Disposition
application allowed
Orders
- The order of inhibition and the caution registered against LR.NO. KARINGANI MUGIRIRWA/962 are removed to give effect to the decree and judgment of the court.
- Production of the original title deed before the Land Registrar, Tharaka Nithi, is dispensed with.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 106 OF 2000
PHARES NYAGA NYIRIIA …........................................................PLAINTIFF
VERSUS
MBIUKI BUNDI NTIRO...................................................1ST DEFENDANT
ELIZAPHAN NYAGA M'BUNDI......................................2ND DEFENDANT
PETKAY SWEN MIRITI M'NKIRIA.................................3RD DEFENDANT
RULING
This Ruling is dated 9th March, 2015 and seeks the following orders:-
1. THAT the Honourable Court be pleased to certify this matter as urgent and be heard on priority basis.
2. THAT this Honourable Court be pleased to issue an Order for the removal of the order of inhibition and the caution registered against LR.NO. KARINGANI MUGIRIRWA/962 to give effect to the decree and judgement of this Honourable Court dated 9th July,2014 and 2nd July,2010 respectively.
3. THAT this Honourable Court be pleased to order production of the original title deed before the Land Registrar Tharaka Nithi be dispensed with.
4. THAT upon issuance of the said orders, the same be served upon the Land Registrar, Tharaka-Nithi for registration on the appropriate register and compliance.
It is supported by the affidavit of Phares Nyaga Nyiriia and has the following grounds:-
1. THAT vide CMCC NO. 84 of 2000 Orders of inhibition were issued inhibiting all dealings on L.R. No. KARINGANI/MUGIRIRWA/962 pending further orders from this Honourabe Court.
2. THAT the Honourable Court vide a Judgement dated 2nd July, 2010 decreed that LR.NO.KARINGANI/MUGIRIRWA/962 be transfered to the Applicant's name.
3. THAT the transfer documents have been with the Land Registrar,THARAKA-NITHI, but unfortunately cannot be registered because of the said inhibition,caution and the unavailability of the original title deed.
4. THAT since the Honourable Court has fact in favour of the Applicant, it is only fair that the said inhibition and caution are lifted and the production of the original titled deed is dispensed with.
I deem the application as intended to facilitate implementation of this Court's
decree and Judgement. The application is, therefore, allowed in terms of prayers 2,3 and 4.
It is so ordered.
Delivered in Open Court at Meru this 6th day of July, 2015 in the presence of:-
CC: Daniel/Lilian
Mutegi for the applicant
P.M. NJOROGE
JUDGE