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ELCAllowedNot stated in judgment· [2019] KEELC 3722 (KLR)

In re Estate of Alexander Nyaga Muthara (Deceased) [2019] KEELC 3722 (KLR)

High Court of Kenya
24 April 2019
PNP. M. Njoroge
318 words in judgment
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The bottom line

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The High Court in Chuka lifted an 18-year-old land inhibition so the winning landowner could finally enforce his judgment.

What this practically means

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Executive summary

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This ruling by P.M. Njoroge J at Chuka, delivered on 24th April 2019, determined a Notice of Motion dated 16th April 2019 by Fredrick Kirimi Nyaga, the plaintiff/decree holder in a concluded land suit. The applicant sought lifting of an order of inhibition registered against Land Parcel No. Karingani/Mugirirwa/1519. The inhibition had been granted on 20th March 2001 upon a Notice of Motion dated 17th January 2001 to protect the land parcel pending the hearing and determination of the suit. The suit had since been heard and determined in favour of the plaintiff on 19th December 2018 and a decree issued. The applicant, through his advocate Mr. Nyamu Nyaga, argued that lifting the inhibition was necessary to enable implementation of the judgment, that no appeal or other application was pending, and that no prejudice would be occasioned to the defendant. The court found that the application was meant to facilitate implementation of its judgment and allowed prayer 2. It lifted the inhibition and ordered the Land Registrar in charge of the records concerning the land to remove the inhibition forthwith. Costs were awarded to the applicant. The defendant raised no successful opposition, and no relief was refused.

Key legal issues

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01

Whether an inhibition registered to protect land pending hearing and determination of a suit should be lifted after judgment has been delivered and a decree issued

Holding

The inhibition is lifted to facilitate implementation of the judgment, as the suit had been determined in favour of the plaintiff and no appeal or application was pending.

Reasoning

The court noted that the inhibition had been granted on 20.3.2001 to protect the land parcel pending the hearing and determination of the suit. The suit was heard and determined in the plaintiff's favour on 19.12.2018 and a decree issued. The application was expressly meant to facilitate implementation of that judgment, no appeal or other application was pending, and no prejudice was shown to the defendant. Lifting the inhibition was therefore just and fair.

p. 1

Legal principles established

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  • A successful litigant is entitled to have ancillary protective orders, such as an inhibition, lifted to facilitate implementation of the judgment in his favour where no appeal or application is pending.

Court orders

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  1. 1.Prayer 2 of the Notice of Motion dated 16th April, 2019 allowed
  2. 2.The order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519 lifted
  3. 3.The Land Registrar in charge of the records concerning the land ordered to remove the inhibition forthwith
  4. 4.Costs awarded to the applicant
Jurisdiction invoked
Inherent power of the court to facilitate implementation of its own judgment (suit previously heard and determined in favour of the plaintiff on 19.12.2018)

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, "In re Estate of Alexander Nyaga Muthara (Deceased) [2019] KEELC 3722 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3722/eng@2019-04-24

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