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ELCAllowedNot stated in the judgment as provided· [2024] KEELC 1753 (KLR)

Chemenei & 4 others v Rono & another (Environment & Land Case E007 of 2023) [2024] KEELC 1753 (KLR)

Environment and Land Court
11 April 2024
579 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court lifted a caution and cancelled an inhibition on land so the winning party could finally register the property and enforce the judgment.

What this practically means

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Executive summary

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This was an unopposed application in a concluded land matter before the Environment and Land Court at Nakuru. The applicants sought lifting of a caution registered on 29 January 2021 by Justus Kipkoech Rono and Wesley Kimutai Arap Rono against land parcel Shawa/Gicheha Block 2/28, and cancellation of an inhibition order issued by the same court on 25 September 2023 and registered against the same parcel. The application, supported by the affidavit of Nancy Chemutai Chemenei, explained that the suit had proceeded ex parte on 4 December 2023, judgment was delivered on 7 December 2023, and a decree issued on 2 February 2024 ordering that the 1st applicant be registered as proprietor of the suit property in trust. The respondents had neither appealed nor sought to set aside the judgment. The court noted that the registration ordered was impossible while the caution and inhibition remained on the title. Relying on section 70 of the Land Registration Act, which allows cancellation of an inhibition by a consequent order of the court, and section 73(1), which allows removal of a caution by court order, the court found the suit and application undefended and granted both prayers. Costs of the application were awarded to the applicant. The judgment is a short first-instance ruling on execution of a decree rather than a determination of title.

Key legal issues

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01

Whether the court could lift the caution and cancel the inhibition to enable implementation of its decree

Holding

The court held that since the suit and application were unopposed, the caution should be lifted and the inhibition cancelled to allow the decree to be implemented.

Reasoning

The court noted it had fully determined the matter but a caution remained on the register. It invoked section 70 of the Land Registration Act permitting cancellation of an inhibition by a consequent order of the court, and section 73(1) permitting removal of a caution by court order. As the matter was undefended and no appeal or application to set aside had been filed, the encumbrances were lifted to allow smooth implementation of the judgment and decree.

p. 4

Legal principles established

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  • A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar under section 73(1) of the Land Registration Act.
  • An inhibition may be cancelled by a consequent order of the court under section 70 of the Land Registration Act.

Court orders

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  1. 1.The caution registered against land parcel number Shawa/Gicheha Block 2/28 on 29/1/2021 by Justus Kipkoech Rono and Wesley Kimutai Arap Rono be and is hereby lifted
  2. 2.The inhibition order issued on 25/9/2023 and registered against land parcel no. Shawa/gicheha Block2/28 be and is hereby cancelled
  3. 3.Costs of the application to the applicant
Jurisdiction invoked
Sections 70 and 73(1) of the Land Registration Act, as the court that issued the decree and the inhibition order

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, "Chemenei & 4 others v Rono & another (Environment & Land Case E007 of 2023) [2024] KEELC 1753 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1753/eng@2024-04-11

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