[2013] KEHC 2343 (KLR)
The court allowed the application by consent of the parties, finding it appropriate to grant an inhibition order to preserve the status quo of the specified land parcels pending the hearing and determination of the appeal. The order was made to prevent any registration of dealings with the parcels in question,...
Source-derived case information.
- Citation
- [2013] KEHC 2343 (KLR)
- Parties
- Appellant: Zakayo Kiogora; Respondent: Mbui M'Ichunge
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 133 of 2009
- Procedural Posture
- Civil Appeal / Interlocutory Application Ruling
- Outcome
- Application allowed by consent; inhibition order granted.
- Judges
- FM Njoroge
- Legal Topics
- Land Inhibition Orders, Pending Appeal Protection, Registration of Land Dealings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakayo Kiogora
Appellant
Mbui M'Ichunge
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application Ruling
Legal Issues
- 1 Whether an inhibition order should be granted to prevent registration of dealings with specified land parcels pending appeal.
Ratio Decidendi
The court allowed the application by consent of the parties, finding it appropriate to grant an inhibition order to preserve the status quo of the specified land parcels pending the hearing and determination of the appeal. The order was made to prevent any registration of dealings with the parcels in question, ensuring that the subject matter of the appeal is not rendered nugatory. The absence of opposition and the consent of both parties justified the grant of the order sought.
Court Disposition
Application allowed by consent; inhibition order granted.
Orders
- An inhibition order is issued, inhibiting registration of any dealing with parcels ABOTHUGUCHI/MARIENE/1655, 1656, 1657, 1658, 1659, 1660 excised from ABOTHUGUCHI/MARIENE/832 pending hearing and determination of the appeal.
- No order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 133 OF 2009
ZAKAYO KIOGORA...........................................APPLICANT/APPELLANT
VERSUS
MBUI M'ICHUNGE..............................................................RESPONDENT
R U L I N G
By consent of the parties the application dated 21st May, 2013 by the appellant is allowed in terms of prayer 1 as follows:
THAT the honourable court be pleased to order inhibition, inhibiting registration of any dealing with the following parcels of land namely ABOTHUGUCHI/MARIENE/1655, 1656, 1657, 1658, 1659, 1660 excised from the original LP No. ABOTHUGUCHI/MARIENE/832 pending hearing and determination of the appeal herein.
There is no order as to costs
Delivered in Meru on 22nd day of July, 2013
P. M. NJOROGE
JUDGE