[2015] KEHC 3343 (KLR)
The court found that since the appeal had been finalised and there was nothing pending before the court, there was no justification for the continued existence of the prohibition order on the applicant's land. The application was facilitative, and the lifting of the prohibition would allow the applicant to...
Source-derived case information.
- Citation
- [2015] KEHC 3343 (KLR)
- Parties
- Appellant: Veronica Mukomunene; Respondent: Samson Muriira M’Inoti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 21 of 2001
- Procedural Posture
- Civil Appeal / Ruling on Post Appeal Application
- Outcome
- application allowed
- Legal Topics
- Lifting Prohibition Order, Land Registration, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Mukomunene
Appellant
Samson Muriira M’Inoti
Respondent
Procedural Posture
Civil Appeal / Ruling on Post Appeal Application
Legal Issues
- 1 Whether the prohibition order on L.R NO. NYAKI/KITHOKA/2587 should be lifted after finalisation of the appeal.
- 2 Whether there is any pending matter justifying continued prohibition of the applicant's land.
Ratio Decidendi
The court found that since the appeal had been finalised and there was nothing pending before the court, there was no justification for the continued existence of the prohibition order on the applicant's land. The application was facilitative, and the lifting of the prohibition would allow the applicant to sub-divide and share the land among her children. Accordingly, the court granted the order to lift the prohibition and awarded costs to the applicant.
Court Disposition
application allowed
Orders
- The Land Registrar Meru is ordered to lift the Prohibition Order placed on L.R NO. NYAKI/KITHOKA/2587.
- Costs are awarded to the applicant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO 21 OF 2001
VERONICA MUKOMUNENE.........................................APPELLANT
VERSUS
SAMSON MURIIRA M’INOTI.....................................RESPONDENT
R U L I N G
This application is dated 22nd June, 2015 and seeks Orders:
The Honourable Court be pleased to order the Land Registrar Meru to lift the Prohibition Order placed on L.R NO. NYAKI/KITHOKA/2587.
Costs be provided for.
It is supported by the Affidavit of Veronica Mukomunene and has the following grounds.
The Appeal is finalised and nothing is pending in court to warrant continuous prohibition of Applicants’ land.
That Applicant intend (sic) to sub-divide the land and share it among his children.
The Application is merely facilitative. I therefore grant Prayer A.
Costs are awarded to the Applicant.
It is so ordered.
Delivered in Open Court this 20th Day of July, 2015 in the presence of:-
Cc: Daniel/Lilian.
Muthamia h/b Kimathi Kiara for the Applicant
P.M.NJOROGE
JUDGE