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ELCOtherNot stated in the judgment (respondent's inhibited suit was Meru High Court Civil Suit No. 1 of 1990)· [2017] KEELC 721 (KLR)

Eliphas Njue v Bedford Mugendi Njue [2017] KEELC 721 (KLR)

High Court of Kenya
6 December 2017
PNP.M. Njoroge
332 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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The High Court declined to decide on removing encumbrances from a piece of land, sending the matter instead to the Chief Magistrate's Court at Chuka.

What this practically means

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Executive summary

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By a notice of motion dated 30 May 2016, the applicant, stating that he is the registered owner of land parcel LR Mwimbi/Murugi/721, sought orders lifting all encumbrances on the parcel, service of the orders on the Land Registrar Meru-South for compliance, and costs. The grounds were that in or around 1990 the respondent obtained an inhibitory order against the parcel in Meru High Court Civil Suit No. 1 of 1990; that the respondent failed to prosecute that suit, which was dismissed for want of prosecution on 24 November 2010; that the respondent thereafter lodged a caution against the parcel and has never sued the applicant to claim any interest, rendering the caution illegal; that the file could not be traced when the applicant sought to lift the inhibition; and that the applicant would suffer irreparably if the orders were not granted. The court did not determine the merits of the encumbrances. In a brief ruling the judge held that the orders sought could be canvassed in the Chief Magistrate's Court at Chuka and ordered the suit transferred there for hearing and determination. The prayer for lifting of the encumbrances and the associated costs prayer were therefore not granted but left for the transferee court. The judgment was delivered in open court at Chuka on 6 December 2017 before P.M. Njoroge J, with both parties absent.

Key legal issues

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Whether the High Court should grant the application to lift the inhibition and caution on the suit parcel

Holding

The court declined to determine the application on its merits and transferred the suit to the Chuka CM's Court for hearing and determination

Reasoning

The applicant sought lifting of an inhibitory order obtained in Meru High Court Civil Suit No. 1 of 1990 (dismissed for want of prosecution) and of a caution lodged by the respondent in 2010. Rather than rule on the encumbrances, the judge held the proper forum was the CM's Court at Chuka and transferred the suit there. No substantive findings were made on the inhibition, the caution or the applicant's claimed irreparable prejudice.

p. 2

Legal principles established

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  • An application to lift encumbrances on land (inhibition and caution) can be canvassed in the Chief Magistrate's Court at Chuka rather than the High Court

Court orders

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  1. 1.This suit is transferred to the Chuka CM's Court for hearing and determination
Jurisdiction invoked
Inherent transfer powers of the High Court (place of trial); no specific constitutional or statutory provision cited

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Eliphas Njue v Bedford Mugendi Njue [2017] KEELC 721 (KLR)", Case Analysis (2017). Not stated in the judgment (respondent's inhibited suit was Meru High Court Civil Suit No. 1 of 1990). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/721/eng@2017-12-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.