Gerald Kajogo Iguna v Muriungi Makembo Solomon [2020] KEELC 1268 (KLR)
The bottom line
#The Environment and Land Court at Chuka lifted an inhibition on land it had already awarded to a party, so the owner could finally use and transfer it.
What this practically means
#Executive summary
#Key legal issues
#Removal of an inhibition registered on suit land after judgment
The application was allowed; the inhibition was lifted to enable the plaintiff deal with land awarded to it by the judgment dated 14th November 2018
The court noted that the inhibition was registered on 14th July 2015 and confirmed on 8th March 2017 in the course of the suit; the suit was finalized and the land awarded to the plaintiff by judgment dated 14th November 2018. Since the applicant could not deal with the land unless the inhibition was removed, the court allowed the application to facilitate implementation of its judgment.
Legal principles established
#- Where land has been awarded to a party by judgment, the court may remove an inhibition it had earlier registered to enable the judgment to be implemented
Court orders
#- 1.The inhibition entered in respect of Land Reference No. Tharaka/Nkondi 'A'/527 is cancelled and/or removed
- 2.Costs of the application awarded to the applicant
- Jurisdiction invoked
- Inherent powers of the court to give effect to its own judgment in the cause (suit over Land Reference No. Tharaka/Nkondi 'A'/527)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gerald Kajogo Iguna v Muriungi Makembo Solomon [2020] KEELC 1268 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1268/eng@2020-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.