Kubai v Karimi (Sued as the administratix of the Estate of Late Justus M’Murithi M’Mbagiri) & 3 others (Environment & Land Case 149 of 2012) [2024] KEELC 3646 (KLR)
The bottom line
#A land inhibition expires once the court case it protected ends, and losing parties must get a stay of execution to keep it alive.
What this practically means
#Executive summary
#Key legal issues
#Whether the inhibition orders lapsed with the determination of the suit
The inhibition, registered to protect the suit land until hearing and determination of ELC Case No. 149/2012, served its purpose when judgment was delivered on 12th July 2023 dismissing the plaintiff's suit, and therefore became spent.
The court found it undisputed that the inhibition was registered on 16th July 2020 to bar dealings until determination of the suit. That event occurred with the judgment of 12th July 2023, which dismissed the respondent's suit with costs to the applicants. The purpose for which the inhibition was issued having come to pass, the order was spent and no longer served any purpose.
Whether the respondent's pending appeal justified retaining the inhibition
No. The respondent had already filed an application in the Court of Appeal seeking similar preservation orders, and no stay of execution was in place before the ELC.
The respondent acknowledged preferring an appeal and had moved the Court of Appeal under Rule 5(2)(d) seeking injunction or inhibition pending appeal. The court held that nothing stopped it from lifting the inhibition since no stay existed, and the respondent was at liberty to pursue his application before the Court of Appeal.
Legal principles established
#- An inhibition registered pending hearing and determination of a suit becomes spent upon final determination of that suit
- A successful litigant is entitled to enjoy the fruits of judgment absent a stay of execution
Court orders
#- 1.The application dated 18th September, 2023 is allowed as prayed
- 2.All inhibitions, restrictions and/or cautions lodged against LR No. Ntima/Igoki/1227 are lifted
- Jurisdiction invoked
- Section 70 of the Land Registration Act, 2012; Order 51 Rule 1 of the Civil Procedure Rules; Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kubai v Karimi (Sued as the administratix of the Estate of Late Justus M’Murithi M’Mbagiri) & 3 others (Environment & Land Case 149 of 2012) [2024] KEELC 3646 (KLR)", Case Analysis (2024). ELC Case No. 149 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3646/eng@2024-01-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.