[2018] KEELC 2638 (KLR)
The court declined to grant the order for removal of the caution because the issue was not pleaded in the judicial review motion or its supporting documents. The court further held that it was not aware of the circumstances under which the caution was lodged, and therefore could not grant the orders sought. The...
Source-derived case information.
- Citation
- [2018] KEELC 2638 (KLR)
- Parties
- Applicant: Republic; Respondent: Meru Central District Dispute Tribunal; Respondent: Chief Magistrate Court (Meru); Respondent: Betty Kagwiria; Respondent: Mary Gacheri Mereria; Respondent: Samson Mugambi Mwereria; Applicant: M'Mwereria M'Rinkanya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 53 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Remove Caution
- Outcome
- application disallowed
- Legal Topics
- Land Caution, Removal of Caution, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Meru Central District Dispute Tribunal
Respondent
Chief Magistrate Court (Meru)
Respondent
Betty Kagwiria
Respondent
Mary Gacheri Mereria
Respondent
Samson Mugambi Mwereria
Respondent
M'Mwereria M'Rinkanya
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application to Remove Caution
Legal Issues
- 1 Whether the court can grant an order for removal of a caution not pleaded in the judicial review motion.
- 2 Whether the circumstances under which the caution was lodged are within the court's knowledge in these proceedings.
Ratio Decidendi
The court declined to grant the order for removal of the caution because the issue was not pleaded in the judicial review motion or its supporting documents. The court further held that it was not aware of the circumstances under which the caution was lodged, and therefore could not grant the orders sought. The application was thus disallowed as the matter was not properly before the court and the necessary factual basis was lacking.
Court Disposition
application disallowed
Orders
- The application for removal of the caution is disallowed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC MISC JR 53 OF 2011
REPUBLIC ........................................................................................................... APPLICANT
VERSUS
MERU CENTRAL DISTRICT DISPUTE TRIBUNAL ........................... 1ST RESPONENT
CHIEF MAGISTRATE COURT (MERU) ............................................. 2ND RESPONDENT
BETTY KAGWIRIA ................................................................................ 3RD RESPONDENT
MARY GACHERI MERERIA ................................................................ 4TH RESPONDENT
SAMSON MUGAMBI MWERERIA .................................................... 5TH RESPONDENT
M’MWERERIA M’RINKANYA ................................ EXPARTE APPLICANT/APPLICANT
RULING
1. On 15. 5.2018, Munene, counsel for applicant addressed the court as follows;
“We have realized that the subject matter was cautioned by 3rd respondent on 7. 7.2010 and the same is still in force. We pray that it be lifted for applicant to subdivide the land”.
2. This suit was filed in 2011 which means the caution was not lodged on the land during the subsistence of this suit. The issue of the caution is also not captured anywhere in the judicial review motion filed on 25. 7.2011 and its accompanying documents.
3. Therefore, this court doesn’t know the circumstances under which the land was cautioned, hence the orders sought for cannot be granted in these proceedings.
4. I disallow the application for the removal of the caution.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Munga holding brief for Munene for exparte applicant present
Attorney General for respondent absent
HON. LUCY. N. MBUGUA
ELC JUDGE