[2024] KEELC 1157 (KLR)
The application was dismissed because the applicant failed to comply with the court's directions to serve the application on the respondent and to file submissions within the stipulated period. There was no proof of service or compliance with the procedural requirements. The court emphasized that adherence to...
Source-derived case information.
- Citation
- [2024] KEELC 1157 (KLR)
- Parties
- Applicant: Gasper David Shuma; Respondent: Land Registrar, Kilifi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Removal of Caution
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Removal of Caution, Succession and Administration, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gasper David Shuma
Applicant
Land Registrar, Kilifi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Removal of Caution
Legal Issues
- 1 Whether the caution registered on land parcel Kilifi/Mbaraka Chembe/226 should be removed.
- 2 Whether the applicant complied with court directions regarding service and filing of submissions.
Ratio Decidendi
The application was dismissed because the applicant failed to comply with the court's directions to serve the application on the respondent and to file submissions within the stipulated period. There was no proof of service or compliance with the procedural requirements. The court emphasized that adherence to procedural rules is essential for the fair and orderly administration of justice. As a result, the substantive merits of the application for removal of the caution were not considered, and the application was dismissed with no order as to costs.
Court Disposition
application dismissed
Orders
- The application dated 8th January 2024 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Shuma v Land Registrar, Kilifi (Miscellaneous Application 1 of 2024) [2024] KEELC 1157 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1157 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Miscellaneous Application 1 of 2024
FM Njoroge, J
March 4, 2024
Between
Gasper David Shuma
Applicant
and
Land Registrar, Kilifi
Respondent
Ruling
1. By a notice of motion application dated 8th January 2024, the Applicant sought orders that: -a.Spent.b.That the caution registered on land parcel number Kilifi/Mbaraka Chembe/226 hereinafter referred to as the ‘suit land’ on 7th June 1993, be removed.c.The orders issued herein be served upon the land registrar, Kilifi for compliance.d.The costs of this application be provided for.
2. The basis of the application is in the supporting affidavit sworn by the Applicant on 8th January 2024. The Applicant averred that he is the son and administrator of the estate of the late Mwanje Nzavili Nyale alias David Mwanje Nzavili, registered owner of the land parcel Kilifi/Mbaraka Chembe/226 (hereinafter the ‘suit property’); that one David Mkare (now deceased) registered a caution against the suit property claiming purchaser’s interest. However, following the High Court’s decision in Succession Cause No. 31 of 2017, the said caution ought to be removed.
3. When the application was placed before me on 25th January 2024, I issued directions inter alia that the same is served forthwith and an affidavit of service filed and submissions be filed by the Applicant within 7 days from the date of expiry of the period given to the Respondent to file and serve its response, that is, within 7 days. The Applicant failed to comply with the directions issued. There is even no proof of service in the first place.
4. For the above reason, I dismiss the application dated 8th January 2024 with no orders to costs.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 4TH DAY OF MARCH 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI