Chemenei & 4 others v Rono & another (Environment & Land Case E007 of 2023) [2024] KEELC 1753 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the court could lift the caution and cancel the inhibition to enable implementation of its decree
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.
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.
Legal principles established
#- A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar under section 73(1) of the Land Registration Act.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
#- 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.The inhibition order issued on 25/9/2023 and registered against land parcel no. Shawa/gicheha Block2/28 be and is hereby cancelled
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.