[2013] KEHC 2795 (KLR)
The court granted the inhibition order as sought by the applicant because the respondent did not oppose the application. The absence of opposition indicated consent or at least no contest to the preservation of the status quo regarding the suit property. The court found it appropriate to issue the inhibition to...
Source-derived case information.
- Citation
- [2013] KEHC 2795 (KLR)
- Parties
- Applicant: Simon Mworia Anampiu; Respondent: M'Agine Mburutha Samuel alias Alaine M'Purutha
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case L182 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Inhibition
- Outcome
- Application allowed; inhibition order granted as prayed.
- Judges
- FM Njoroge
- Legal Topics
- Land Inhibition Orders, Interlocutory Injunctions, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mworia Anampiu
Applicant
M'Agine Mburutha Samuel alias Alaine M'Purutha
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Inhibition
Legal Issues
- 1 Whether an inhibition order should be issued to prevent registration of dealings over L.R. NO. TIGANIA/THANANGA/248 pending hearing and determination of the suit.
- 2 Whether the application should be allowed given the respondent's position.
Ratio Decidendi
The court granted the inhibition order as sought by the applicant because the respondent did not oppose the application. The absence of opposition indicated consent or at least no contest to the preservation of the status quo regarding the suit property. The court found it appropriate to issue the inhibition to prevent any dealings with the land pending the hearing and determination of the main suit, thereby safeguarding the interests of the parties and ensuring the subject matter of the dispute is not rendered nugatory.
Court Disposition
Application allowed; inhibition order granted as prayed.
Orders
- An inhibition is issued, inhibiting registration of any dealings over L.R. NO. TIGANIA/THANANGA/248 pending hearing and determination of the suit or until further orders of the court.
- Costs of the application will 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
E & L NO. 182 OF 2013
IN THE MATTER OF L.R. NO. TIGANIA /THANANGA/248
SIMON MWORIA ANAMPIU.............. ................................APPLICANT/PLAINTIFF
VS
M'AGINE MBURUTHA SAMUEL ALIAS
ALAINE M'PURUTHA.................................................. RESPONDENT/DEFENDANT
RULING
This application is dated 10th July, 2013 and seeks orders;
THAT the application be certified urgent and it be heard ex-parte in the 1st instance.
THAT pending inter parties hearing of this application an inhibition be issued, inhibiting registration of any dealings over L.R.NO. TIGANIA/THANANGA/248.
THAT Pending hearing and determination of the suit or until further orders of the court an inhibition be issued, inhibiting registration of any dealings over L.R NO. TIGANIA/THANANGA/248.
THAT costs of the application be provided
During inter parties hearing on 8/8/2013 the defendant told the court that he was not opposed to the application. In the circumstances, I allow the application. Costs will be in the cause.
It is so ordered.
Delivered in open court at Meru this 8th day of August 2013 in the presence of:-
Court Clerk Mwanjaru
M'Alaine Mburutha - plaintiff
Carlpeter Mbaabu for defendant.
P. M. NJOROGE
JUDGE