[2018] KEELC 1618 (KLR)
The court found that the suit was finalized on 17th May 2007 when judgment was delivered, and there was no evidence of any pending proceedings or valid reason for the continued prohibition on the applicant's land. The court also noted the absence of any opposition to the application. Consequently, the court...
Source-derived case information.
- Citation
- [2018] KEELC 1618 (KLR)
- Parties
- Appellant: Veronica Mukomunene; Respondent: Samson Muriira M’Inoti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2017 (Formely Meru Hca No. 21 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Application
- Outcome
- application allowed
- Legal Topics
- Prohibitory Orders, Land Registration, Lifting of Court Orders
- 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 Judgment Application
Legal Issues
- 1 Whether the prohibition placed on parcel no. Nyaki/Kithoka/2587 should be lifted following the conclusion of the appeal.
- 2 Whether there is any legal basis for the continued prohibition on the applicant's land.
Ratio Decidendi
The court found that the suit was finalized on 17th May 2007 when judgment was delivered, and there was no evidence of any pending proceedings or valid reason for the continued prohibition on the applicant's land. The court also noted the absence of any opposition to the application. Consequently, the court determined that the prohibition should be lifted as there was no legal basis for its continuation.
Court Disposition
application allowed
Orders
- The application dated 22.6.2015 is allowed; the Land Registrar Meru is ordered to lift the prohibition placed on parcel no. Nyaki/Kithoka/2587.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC APPEAL NO. 6 OF 2017 (FORMELY MERU HCA NO. 21 OF 2001)
VERONICA MUKOMUNENE........................................................APPELLANT
VERSUS
SAMSON MURIIRA M’INOTI ..................................................RESPONDENT
RULING
1. In the application dated 22. 6.2015, applicant/appellant is seeking for orders that the Land Registrar Meru be ordered to lift the prohibition placed on parcel no. Nyaki/Kithoka/2587.
2. The grounds in support of this application are that the appeal is finalized and nothing is pending in court to warrant continuous prohibition of the applicant’s land. Further, applicant avers that she intends to subdivide the land and share it amongst the children.
3. I have seen the search certificate for the parcel no. Nyaki/Kithoka/2587. It shows that a prohibitory order was placed on 16. 9.2011, pursuant to the court order of 15. 9.2011 in the high court of Meru Appeal case. The case number mentioned is not clear but it appears to be this case (HCCA No. 21/2001 – Meru). The court’s records do not contain any records of 15. 9.2011. From the record of 17. 3.2011, the next coram is for 20. 7.2015. This court is hence not able to ascertain the circumstances under which the prohibitory orders were placed on the land.
4. Nevertheless, I note that the suit was finalized way back on 17. 5.2007 when Judgment was delivered. I also note that no replying affidavit was ever filed in opposition to this application of 2015.
5. In the circumstances, I allow the application dated 22. 6.2015 but with no orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 3RD OCTOBER, 2018 IN THE PRESENCE OF:-
C/A: Galgalo/Faith
Kimathi for plaintiff/Applicant
Ashaba holding brief for Kaumbi for respondent
HON. LUCY. N. MBUGUA
ELC JUDGE