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ELCPartially AllowedEnvironment & Land Case 99 of 2017· [2022] KEELC 15236 (KLR)
Imbukwa v Magalasia
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·~2 min to read original · ~4 min briefThe bottom line
#Once a land case ends, any temporary court-ordered restriction on the property title must be removed — it cannot linger on the register.
What this practically means
#Executive summary
#This ruling by D O Ohungo, J of the Environment and Land Court at Kakamega determined an unopposed notice of motion dated November 2, 2022 by the defendant, Beatrice Mboga Magalasia, in a suit that had already been dismissed by N A Matheka, J on November 5, 2019 with no order on costs. The defendant sought the lifting and removal of an inhibition registered against land parcel Isukha/Mukulusu/1107. She explained that during the pendency of the suit, the plaintiff had obtained an injunction on September 26, 2017 restraining her from interfering with or alienating the parcel, which order was registered at the lands registry on September 27, 2017 as an encumbrance. She was completing succession proceedings in respect of the estate of her deceased husband, the registered proprietor of the parcel, and the encumbrance was hindering that process. She annexed a certificate of official search confirming the registration and noted the judgment had not been stayed. Although served, the plaintiff filed no response. The court confirmed the history of the injunction and its registration, and held that since the suit had been determined by the judgment of November 5, 2019, the interlocutory injunctive order stood spent as at the date of judgment, leaving no valid reason for the encumbrance to remain on the register. The court allowed the application, ordered the inhibition lifted and/or removed, and made no order on costs.
Key legal issues
#01
Whether the registered inhibition arising from an interlocutory injunction survives the final judgment dismissing the suit
Holding
It does not; the injunction stood spent upon judgment and the encumbrance must be lifted
Reasoning
The court confirmed from the record that an injunction issued on September 26, 2017 was registered as an encumbrance on September 27, 2017. Since the suit was determined by judgment on November 5, 2019, the interlocutory order was spent, leaving no basis for the encumbrance to remain on the register.
p. 2
Legal principles established
#- An interlocutory injunction order lapses upon the delivery of judgment in the suit and the resulting registered encumbrance should be removed from the register
Court orders
#- 1.The inhibition registered against land parcel number Isukha/Mukulusu/1107 on September 27, 2017 pursuant to an order issued by the court on September 26, 2017 be lifted and/or removed
- 2.No order on costs
- Jurisdiction invoked
- Environment and Land Court jurisdiction over land parcel Isukha/Mukulusu/1107 (proceeding in ELC Case 99 of 2017)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Imbukwa v Magalasia", Case Analysis (2022). Environment & Land Case 99 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15236/eng@2022-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.