[2014] KEHC 6137 (KLR)
The court allowed the application for inhibition by consent of the parties, finding that the order was appropriate to preserve the suit property (L. R. No. Nkuene/Taita/1776) pending the hearing and determination of the main suit. The court exercised its discretion to order that costs of the application be in the...
Source-derived case information.
- Citation
- [2014] KEHC 6137 (KLR)
- Parties
- Plaintiff: Regina Makena; Defendant: Gilbert Mugambi Mugira; Defendant: Charles Murugu Mukindia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case Case185 of 2013
- Procedural Posture
- Land Case / Ruling on Interlocutory Application for Inhibition
- Outcome
- Application allowed by consent; inhibition order granted; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Interlocutory Applications, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regina Makena
Plaintiff
Gilbert Mugambi Mugira
Defendant
Charles Murugu Mukindia
Defendant
Procedural Posture
Land Case / Ruling on Interlocutory Application for Inhibition
Legal Issues
- 1 Whether an order of inhibition should issue to prevent dealings in L. R. No. Nkuene/Taita/1776 pending determination of the suit.
- 2 Who should bear the costs of the application.
Ratio Decidendi
The court allowed the application for inhibition by consent of the parties, finding that the order was appropriate to preserve the suit property (L. R. No. Nkuene/Taita/1776) pending the hearing and determination of the main suit. The court exercised its discretion to order that costs of the application be in the cause, meaning they will be determined at the conclusion of the suit. The ruling was based on the parties' consent and the legal principle that inhibition is a suitable remedy to prevent prejudice in land disputes.
Court Disposition
Application allowed by consent; inhibition order granted; costs in the cause.
Orders
- An order of inhibition is issued inhibiting all dealings in L. R. No. Nkuene/Taita/1776 pending hearing and determination of the suit.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
L AND E CASE NO. 185 OF 2013
REGINA MAKENA.........................................................................................PLAINTIFF
VERSUS
GILBERT MUGAMBI MUGIRA.....................................................1ST DEFENDANT
CHARLES MURUGU MUKINDIA...................................................2ND DEFENDANT
R U L I N G
This application dated 10th July, 2013 sought orders:
That this application be certified urgent and the same be heard exparte in the first instance.
That an order of inhibition do issue inhibiting all dealings in L. R. No. Nkuene/Taita/1766 pending interpartes hearing of this application.
That an order of inhibition to issue inhibiting all dealings in L. R. No. Nkuene/Taita/1776 pending the hearing and determination of the application.
That an order on inhibition do issue inhibiting all dealings in L. R. No. Nkueni/Taita/1776 pending hearing and determination of this suit.
That the defendants do bear costs of this application.
Prayers 1, 2, 3 and 4 are spent.
The application was heard interpates on 19. 3.2014 when the parties by consent agreed to have prayer 4 allowed. The consequence is that the application is allowed. Costs shall be in the cause.
Delivered in Open Court at Meru this 19th day of March, 2014 in the presence of:
Cc. Mwonjaru
Mwirigi h/b Murithi for Plaintiff/Applicant
Gichunge for Defendants.
P. M. NJOROGE
JUDGE