[2014] KEHC 256 (KLR)
The court found that the inhibition order was granted solely to preserve the subject land pending the outcome of the suit. Since the suit was dismissed and there is no longer any pending dispute affecting the land, the inhibition has served its purpose. There is no legal justification for its continued existence....
Source-derived case information.
- Citation
- [2014] KEHC 256 (KLR)
- Parties
- Plaintiff: Stephen Ikiao; Defendant: M'itaru M'thankari M'ikiamba
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Judgment Date
- 2 October 2014
- Case Number
- Civil Case 240 of 1992
- Procedural Posture
- Miscellaneous Application / Post Judgment Application for Lifting Inhibition Order
- Outcome
- Application allowed. Inhibition order lifted.
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Land Title, Post Judgment Relief
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ikiao
Plaintiff
M'itaru M'thankari M'ikiamba
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment Application for Lifting Inhibition Order
Legal Issues
- 1 Whether the inhibition orders on L.R. Mikinduri/Athwana/724 should be lifted following the final determination of the suit.
- 2 Whether the continued existence of the inhibition order serves any legal purpose after dismissal of the respondent's suit.
Ratio Decidendi
The court found that the inhibition order was granted solely to preserve the subject land pending the outcome of the suit. Since the suit was dismissed and there is no longer any pending dispute affecting the land, the inhibition has served its purpose. There is no legal justification for its continued existence. The application to lift the inhibition is therefore facilitative and warranted in the interests of justice.
Court Disposition
Application allowed. Inhibition order lifted.
Orders
- The inhibition orders entered in respect of land parcel L.R. Mikinduri/Athwana/724 are lifted.
- Costs of this application are awarded to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC 240 OF 1992
STEPHEN IKIAO.........................................................................PLAINTIFF
VERSUS
M'ITARU M'THANKARI M'IKIAMBA.....................................DEFENDANT
R U L I N G
This application is dated 21st November, 2011 and seeks orders:
1. THATthe inhibition orders entered in respect of land parcel known as L. R. Mikinduri/Athwana/724 be lifted.
2. THAT the costs of this application be provided for.
It relies on the following grounds.
(a) THAT the Respondent applied for and obtained inhibition orders in respect or L.R. Mikinduri/Athwana/724 in Meru HCCC No. 240 of 1992.
(b) THAT the said orders were to last until hearing and final determination of the said Meru HCCC No. 240 of 1992.
(c) THAT the said suit was heard and determined on 2nd July, 2010 when the Respondent's suit was dismissed with costs.
(d) THAT it is in the best interest of justice that the inhibition orders lodged on 8th September, 2004 be lifted as their purpose has already been met.
As the applicant, who was the Respondent in the Court of appeal, won his case and a judgment was delivered in March 2014, I find that at this stage this application is merely facilitative. In the circumstances, the application is allowed.
Costs are awarded to the applicant.
Delivered in Open court at Meru this 2nd day of October, 2014 in the presence of:
Cc Daniel
Maganga for Applicant
P. M. NJOROGE
JUDGE