[2015] KEHC 2419 (KLR)
The court found that the application was unopposed, supported by the consent of the defendant's counsel, and necessary to implement a consent judgment previously adopted by the court. The applicant's advanced age and deteriorating health further justified the urgency and merit of the application. The court held that...
Source-derived case information.
- Citation
- [2015] KEHC 2419 (KLR)
- Parties
- Plaintiff: Thambu Mukunga; Defendant: Town Council of Chogoria alias Chogoria Town Council
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 103 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Land Transfer, Inhibition Orders, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thambu Mukunga
Plaintiff
Town Council of Chogoria alias Chogoria Town Council
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the inhibition registered against L. R. No. Mwimbi/Chogoria/501 should be lifted to facilitate transfer of land as per the consent judgment.
- 2 Whether the application should be granted on the basis of consent and the applicant's health condition.
Ratio Decidendi
The court found that the application was unopposed, supported by the consent of the defendant's counsel, and necessary to implement a consent judgment previously adopted by the court. The applicant's advanced age and deteriorating health further justified the urgency and merit of the application. The court held that it is in the interest of justice and the parties to facilitate the transfer of the land by lifting the inhibition registered against L. R. No. Mwimbi/Chogoria/501, thereby giving effect to the consent judgment delivered on 31.07.2014.
Court Disposition
application allowed
Orders
- The inhibition registered against L. R. No. Mwimbi/Chogoria/501 pursuant to the order of 13.04.2011 is lifted to facilitate transfer of the land as per the judgment of 31.07.2014.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC 103 OF 2010
THAMBU MUKUNGA...................................................................................PLAINTIFF
VERSUS
TOWN COUNCIL OF CHOGORIA ALIAS CHOGORIA TOWN COUNCIL.......DEFENDANT
R U L I N G
This application is dated 6. 10. 2014 and seeks the following orders.
THATthe application be certified urgent and it be heard ex-parte onpriority basis.
THATthe inhibition registered against L. R. No. Mwimbi/Chogoria/501, pursuant to the order of the court in a ruling dated and delivered herein on 13. 04. 2011 be lifted, to facilitate effective transfer of afore-said land in terms of the judgment delivered herein on 31. 07. 2014.
THATcost of the application be in the cause.
It is predicated upon the following grounds.
THATthe plaintiff/applicant is over 76 years old and is quite decrepit due to sickness.
THATthe plaintiff/applicant is hypertensive and his medical condition is deteriorating.
THATcounsel for the defendant/respondent has signed consent to the prayer sought.
THATit is in the interest of the parties herein and justice, that this matter be urgently settled.
THATthe court is encouraged to promote settlement of disputes by consent of parties.
The application is simply meant to facilitate the implementation of a consent judgment adopted by this court and delivered on 31. 7.2014. In the circumstances, I allow the application.
It is so ordered.
Delivered in Open court at Meru this 7th day of October, 2014 in the presence of:
Daniel/Lilian
Calpeters Mbabu for Applicant
P. M. NJOROGE
JUDGE