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ELCAllowedOriginating Summons dated 7th December 2018· [2020] KEELC 1465 (KLR)
Sherrif Patrickn. Munyui & another v Paul Koinange & another [2020] KEELC 1465 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Thika ordered the removal of restrictions blocking seven Ruaka land titles because the person who placed them had no provable interest.
What this practically means
#Executive summary
#The Applicants, registered owners of parcels Kiambaa/Ruaka 5991 to 5997 following confirmation of a grant in respect of their late mother's estate, filed an Originating Summons seeking removal of restrictions placed on the titles by the 1st Respondent, the area Member of Parliament, and maintenance of those restrictions by the 2nd Respondent, the Land Registrar. They asserted the Respondents were strangers with no legal interest, that a summons for rectification of the grant by rival beneficiaries had been dismissed in January 2017 with no appeal or review, and that the encumbrances prevented transfers to identified buyers. The 1st Respondent did not enter appearance despite service. The 2nd Respondent, through the Attorney General's office, stated it had no objection to removal of the caution. The court found the properties were registered in the Applicants' names, that no reason had been advanced for the restrictions, that the letter under which they were placed was missing, and that no interest by the 1st Respondent was demonstrated. Applying sections 76(2) and 78(2) of the Land Registration Act, the court held that restrictions should not endure indefinitely and that it possessed power to order their removal. The Originating Summons was allowed entirely with costs. Judgment was delivered online pursuant to COVID-19 directives, with the parties waiving compliance with Order 21 rule 1 of the Civil Procedure Rules.
Key legal issues
#01
Removal of restrictions on registered titles
Holding
The Originating Summons was merited and the restrictions were removed
Reasoning
The applicants were registered owners following confirmation of a grant in succession proceedings. The 1st Respondent, who placed the restrictions, did not appear to justify them, the underlying letter was missing, and the 2nd Respondent raised no objection. No interest or evidence supported the restrictions, which merely barred the owners' enjoyment of their rights.
p. 2
Legal principles established
#- The court may order removal of a restriction upon application of an affected proprietor under section 78(2) of the Land Registration Act
- Restrictions are not meant to endure indefinitely on a title
Court orders
#- 1.The Originating Summons dated 7th December 2018 is allowed entirely
- 2.The restrictions registered on parcels Kiambaa/Ruaka 5991 - 5997 are removed
- 3.Costs of the suit awarded to the Applicants
- Jurisdiction invoked
- Section 78(2) of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sherrif Patrickn. Munyui & another v Paul Koinange & another [2020] KEELC 1465 (KLR)", Case Analysis (2020). Originating Summons dated 7th December 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1465/eng@2020-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.