[2021] KEELC 2444 (KLR)
The court found that the inhibition orders were issued solely to preserve the status quo of the suit properties pending the hearing and determination of the consolidated suits ELC No. 1 of 2019 (OS) and ELC No. 20 of 2019 (OS). Since the substantive suit was heard and dismissed, there was no longer any legal or...
Source-derived case information.
- Citation
- [2021] KEELC 2444 (KLR)
- Parties
- Plaintiff: Zipporah Karigu alias Karigu M’Mugambi Ngiti; Plaintiff: John Mwathi M’Mugambi; Plaintiff: Jeremiah Murauko Mugambi; Plaintiff: Beatrice Gacunku; Plaintiff: David Mutugi Karigu; Defendant: Sabera Gakundi Mwithi; Defendant: Beatrice Kathambi; Defendant: Charity Kaindi; Defendant: Virginia Muthon; Defendant: John Kimath; Defendant: Alice Karimi; Defendant: James Mutugi Mwithi; Defendant: Gerald Mugambi; Defendant: James Mwenda Murithi alias John Kimathi; Defendant: Stanley Murithi Nyamu; Defendant: Mary Wambui Mwobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Cancellation of Inhibition Orders
- Outcome
- application allowed
- Legal Topics
- Inhibition Orders, Land Title Preservation, Post Judgment Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Karigu alias Karigu M’Mugambi Ngiti
Plaintiff
John Mwathi M’Mugambi
Plaintiff
Jeremiah Murauko Mugambi
Plaintiff
Beatrice Gacunku
Plaintiff
David Mutugi Karigu
Plaintiff
Sabera Gakundi Mwithi
Defendant
Beatrice Kathambi
Defendant
Charity Kaindi
Defendant
Virginia Muthon
Defendant
John Kimath
Defendant
Alice Karimi
Defendant
James Mutugi Mwithi
Defendant
Gerald Mugambi
Defendant
James Mwenda Murithi alias John Kimathi
Defendant
Stanley Murithi Nyamu
Defendant
Mary Wambui Mwobi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Cancellation of Inhibition Orders
Legal Issues
- 1 Whether inhibition orders registered against the subject parcels of land should be cancelled following the dismissal of the plaintiffs' suit.
- 2 Whether there is any legal basis to continue preserving the status quo after the substantive suit has been determined.
Ratio Decidendi
The court found that the inhibition orders were issued solely to preserve the status quo of the suit properties pending the hearing and determination of the consolidated suits ELC No. 1 of 2019 (OS) and ELC No. 20 of 2019 (OS). Since the substantive suit was heard and dismissed, there was no longer any legal or factual basis to maintain the inhibition orders. The court held that the inhibitions no longer served any useful purpose and should be cancelled. The court also determined that costs should follow the event, granting costs in favour of the applicants. Accordingly, the application for cancellation of the inhibition orders was allowed.
Court Disposition
application allowed
Orders
- The application is certified urgent and service on the plaintiffs is dispensed with.
- The inhibition orders registered against the parcels of land known as SOUTH THARAKA/TUNYAI/"A"/4586, 4587, 4588, 4589, 4590, 4591, and 4592 are cancelled.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC SUIT NO. 1 OF 2019(OS)
ZIPPORAH KARIGU ALIAS KARIGU M’MUGAMBI NGITI.......1STPLAINTIFF/ RESPONDENT
JOHN MWATHI M’MUGAMBI..........................................................2ND PLAINTIFF/ RESPONDENT
JEREMIAH MURAUKO MUGAMBI................................................ 3RD PLAINTIFF/ RESPONDENT
BEATRICE GACUNKU........................................................................4TH PLAINTIFF/ RESPONDENT
DAVID MUTUGI KARIGU..................................................................5TH PLAINTIFF/ RESPONDENT
VERSUS
SABERA GAKUNDI MWITHI..............................................................1ST DEFENDANT/ APPLICANT
BEATRICE KATHAMBI.......................................................................2ND DEFENDANT/ APPLICANT
CHARITY KAINDI................................................................................3RD DEFENDANT/ APPLICANT
VIRGINIA MUTHON........................................................................... 4TH DEFENDANT/ APPLICANT
JOHN KIMATH..................................................................................... 5TH DEFENDANT/ APPLICANT
ALICE KARIMI......................................................................................6TH DEFENDANT/ APPLICANT
JAMES MUTUGI MWITHI..................................................................7TH DEFENDANT/ APPLICANT
GERALD MUGAMBI.............................................................................8TH DEFENDANT/ APPLICANT
JAMES MWENDA MURITHI ALIAS JOHN KIMATHI.................9TH DEFENDANT/ APPLICANT
STANLEY MURITHI NYAMU............................................................10TH DEFENDANT/ APPLICANT
MARY WAMBUI MWOBI...................................................................11TH DEFENDANT/ APPLICANT
RULING
1. This application is dated 30. 6.2021 and seeks the following orders:
a. That this application be certified urgent and service on the plaintiffs be dispensed with.
b. That the inhibition orders registered against the parcels of land known as:-
i. SOUTH THARAKA/ TUNYAI/ "A"/ 4586
ii. SOUTH THARAKA / TUNYAI/ "A"/ 4587
iii. SOUTH THARAKA/ TUNYAI/ "A"/ 4588
iv. SOUTH THARAKA/TUNYAI/ "A"/ 4589
v. SOUTH THARAKA/ TUNYAI/ "A" 4590
vi. SOUTH THARAKA/ TUNYAI/ "A" 4591
vii. SOUTH THARAKA/ TUNYAI/ "A" 4592being the resultant sub-divisions of SOUTH THARAKA/ TINYAI/ "A"/ 390 be cancelled.
c. The costs of this application be paid by the plaintiffs.
2. The application is supported by the affidavit of advocate Stephen Walter Kaai sworn on 30th June, 2021 and has the following grounds:
1. That the orders of inhibition registered against the titles of the aforesaid parcels of land were issued on the application of the plaintiffs in the suit ELC NO 20 of 2019(OS).
2. The inhibition orders were issued by this Honourable Court to preserve the status quo of these parcels of land pending the hearing and determination of the said suit No ELC 20 of 2019 (OS).
3. That suit was consolidated with ELC No 1 of 2019 (OS) and the same was heard and determined on 25th May, 2021 when it was dismissed.
4. That since the dismissal of the plaintiffs suit was in favour of the Defendants there is nothing left to preserve and the inhibition orders registered against those titles should be cancelled.
3. When this application was heard on 27. 7.2021, advocate Kaai told the court that the impugned inhibitions were issued by this court pending hearing and determination of ELC 20 of 2019. As the case has already been determined, he asked that the inhibitions be removed.
4. I agree. The case has been heard and determined. The inhibitions no longer serve any useful purpose.
5. In the circumstances, I issue the following orders:
a. Prayer a has been granted.
b. Prayer b is hereby granted.
c. Costs for this application shall follow the event and prayer c for costs is granted in favour of the plaintiffs in ELC 1 of 2019 against the Plaintiffs in ELC 20 of 2019.
DELIVERED IN OPEN COURT AT CHUKA THIS 27TH DAY OF JULY, 2021 IN THE PRESENCE OF:
CA: Ndegwa
Kaai Mugambi present for the Applicants
P. M. NJOROGE,
JUDGE