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ELCPartially AllowedApplication dated 27.12.2018 in respect of Case No. 106 of 1999· [2019] KEELC 4208 (KLR)

Meru Central Farmers Cooperative Union & 10 others v John Kithinji Mberia [2019] KEELC 4208 (KLR)

Environment and Land Court
20 March 2019
LMLucy Mbugua
253 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was an unopposed application dated 27.12.2018 seeking to lift orders of prohibition and any other restriction over land parcel No. IGOJI/MWERU/433. The applicant, the defendant in the underlying suit, deponed that the suit had been determined by way of summary judgment and that his application for review to reopen it was disallowed on 28.11.2018, yet the suit land remained encumbered by a prohibitory order registered pursuant to case no. 106 of 1999, preventing him from dealing with the land. The application was duly served but the plaintiff/respondents filed no response. The court perused the annexed green card (annexure 'JKMI'), which confirmed that the parcel was encumbered by a prohibitory order arising from case no. 106 of 1999. Noting that the underlying case had been finalized by a judgment of 27.11.2000 and that the attempt to reopen it by review had been disallowed, the court found the application merited. It allowed the application and lifted the prohibitory orders and any other restriction over the parcel, with no orders as to costs. The judgment was delivered in open court at Meru on 20th March 2019 by Hon. Lucy Mbugua, ELC Judge, with Mwanzia (held by Maheri) appearing for the applicant/defendant and the defendant present.

Key legal issues

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Whether prohibitory orders over the suit land should be lifted after final determination of the suit

Holding

The application was merited since the suit had been finalized and the review application disallowed, leaving the land unnecessarily encumbered

Reasoning

The court perused the green card (annexure JKMI) which confirmed the land was encumbered by a prohibitory order arising from case no. 106 of 1999. The suit had been finalized by judgment on 27.11.2000, and the applicant's application for review to reopen the suit had been disallowed on 28.11.2018. With the suit determined and no review possible, the prohibitory order served no purpose and was lifted. The application was unopposed, the respondents having filed no response despite service.

p. 2

Legal principles established

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  • Where a suit has been finally determined and a review to reopen it has been disallowed, incidental encumbrances such as prohibitory orders placed on the suit land should be lifted

Court orders

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  1. 1.Orders of prohibition and any other restriction over parcel No. IGOJI/MWERU/433 lifted
  2. 2.No orders as to costs
Jurisdiction invoked
Original and incidental jurisdiction of the Environment and Land Court over the suit land parcel Igoji/Mweru/433

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, "Meru Central Farmers Cooperative Union & 10 others v John Kithinji Mberia [2019] KEELC 4208 (KLR)", Case Analysis (2019). Application dated 27.12.2018 in respect of Case No. 106 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4208/eng@2019-03-20

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