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Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment· [2020] KEELC 1268 (KLR)

Gerald Kajogo Iguna v Muriungi Makembo Solomon [2020] KEELC 1268 (KLR)

Environment and Land Court
28 September 2020
372 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This was an application dated 9th June 2020 in a concluded land suit before the Environment and Land Court at Chuka, seeking two orders: cancellation and/or removal of an inhibition registered against Land Reference No. Tharaka/Nkondi 'A'/527, and costs of the application. The application was supported by an affidavit sworn by David Maitai Rimita, the applicant's advocate, who explained that the inhibition had been ordered registered on 14th July 2015 and confirmed on 8th March 2017 in the course of the suit; that the suit was finalized by a judgment dated 14th November 2018 in which the land was awarded to the plaintiff; and that the plaintiff could not deal with the land unless the inhibition was removed or lifted. When the matter came up, the applicant's advocate, Ms Otieno, informed the court that the respondent's advocate had been properly served but was absent, and that the intention of the application was to facilitate the implementation of the court's judgment. No opposition was raised. The judge, P. M. Njoroge J, allowed the application in its entirety and awarded costs to the applicant. The judgment is brief and unreasoned beyond recording the grounds, but its effect was to lift the inhibition so that the plaintiff could give effect to the judgment of 14th November 2018 awarding it the suit land. The ruling was delivered in open court at Chuka on 28th September 2020.

Key legal issues

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01

Removal of an inhibition registered on suit land after judgment

Holding

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

Reasoning

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.

p. 1

Legal principles established

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  • 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

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  1. 1.The inhibition entered in respect of Land Reference No. Tharaka/Nkondi 'A'/527 is cancelled and/or removed
  2. 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

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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, "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.