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ELCAllowedH.C.C. 200 of 2012 (application dated 13th April 2018)· [2018] KEELC 3361 (KLR)

Mugendi Edwin v Timothy Micheni Kanampiu [2018] KEELC 3361 (KLR)

High Court of Kenya

15 May 2018

PNP.M. Njoroge

426 words in judgment

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The bottom line

Once a land dispute is fully decided and no appeal is pending, the High Court will lift any inhibitions blocking the property titles.

What this practically means

Executive summary

By a notice of motion dated 13th April 2018, Timothy Micheni Kanampiu, the defendant in H.C.C. 200 of 2012, applied for the lifting and vacation of inhibitions registered against six land parcels in Mwimbi/Chogoria (numbers 5294, 5295, 5296, 5297, 5298 and 5300). He deponed that he was the registered owner of the parcels, that they had been transmitted to him by court orders, that the plaintiff had sued him claiming the parcels were fraudulently obtained, and that the inhibitions had been registered to remain in force until determination of the suit. He asserted that the suit was fully heard, finalized, and that no appeal was pending, so the inhibitions no longer served any purpose and the plaintiff would suffer no prejudice from their withdrawal. The application was supported by his affidavit sworn on 13th April 2018. On 15th May 2018 the applicant appeared in person in the absence of his advocate, Mr. B.G. Kariuki, and relied on his supporting affidavit. The court considered the pleadings, found the application had merit, and allowed it. The court ordered that all inhibitions registered against the six titles be lifted and vacated, and directed the Registrar responsible for the relevant registers to remove the inhibitions forthwith. No costs were awarded. The judgment was delivered in open court at Chuka on 15th May 2018 by P.M. Njoroge J.

Key legal issues

Whether inhibitions over the suit parcels should be lifted

Holding

The application was allowed; the court found merit in the applicant's position that the suit was finalized and the inhibitions no longer served any purpose

Reasoning

The applicant, named as defendant in the finalized suit, deponed that the suit had been fully heard, no appeal was pending, and the parcels had been transmitted by court orders. The court considered the pleadings and supporting affidavit, found the application had merit, and ordered the Registrar to remove the inhibitions forthwith without awarding costs.

p. 2

Legal principles established

Inhibitions registered over land titles to preserve the status quo pending determination of a suit cease to serve any purpose once the suit is fully heard and no appeal is pending, and may be lifted on application

Court orders

1.Any inhibitions registered against title Numbers MWIMBI/CHOGORIA/5295, 5300, 5296, 5294, 5298 and 5297 are lifted and vacated
2.The Registrar responsible for the registers apposite to those titles is ordered to remove those inhibitions forthwith
3.No costs are awarded

Jurisdiction invoked: Inherent jurisdiction of the High Court over a finalized suit in which inhibitions were registered pending determination

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Mugendi Edwin v Timothy Micheni Kanampiu [2018] KEELC 3361 (KLR)", Case Analysis (2018). H.C.C. 200 of 2012 (application dated 13th April 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3361/eng@2018-05-15

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