REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MAKUENI ELC NO. 98 OF 2018 MUTETE NGOMO (Suing as a legal Representative of Ngomo Mutaiti) …………………………...……………...……………….. PLAINTIFF JULIUS MUTIO DEFENDANT -VERSUS MUTAITI..….......………………….............. JUDGMENT 1. The initial Plaintiff in this case was Ngomo Mutaiti (deceased) who sought the following reliefs against the Defendant: a. Removal of the caution registered on parcels of land title number Nzaui/Nziu/442. b. Costs of this suit plus interest at court rates 2. The initial Plaintiff died and was substituted by his wife Mutete Ngomo. The Defendant who was duly served neither entered appearance nor filed defence. This case therefore proceeded by way of formal proof. 3. The Plaintiff testified that this suit was instituted by the deceased who was the registered owner of LR. No. Nzaui/Nziu/442 (suit property). She testified that the deceased had intended to subdivide the suit property and distribute it to his siblings but this was not done as the Defendant had lodged a caution against the title. 4. The Plaintiff called PW2 Muthini Mutaiti who testified that he is a brother of both the deceased and the Defendant. He stated that the deceased is the registered owner of the suit property and that during his lifetime, he had intended to subdivide the suit property and distribute it to his siblings including himself and the Defendant but this was not possible as the Defendant had lodged a caution against the title. 1|Page ELC NO. 98 OF 2018
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5. I have gone through the evidence adduced herein. There is no contention that the deceased is the registered owner of the suit property. A copy of search certificate shows that the suit property was registered in the name of the deceased on 31st August, 1974. The same search shows that the Defendant registered a caution against the title on 28 th August, 2016 claiming beneficiary interest. 6. The Plaintiff produced a demand letter showing that the Defendant was on 5th July, 2018 asked to remove the caution but he did not do so. There is no evidence to controvert what the Plaintiff has stated. This being the case, I do not see why the caution should remain in force. I find that the Plaintiff has proved her case on a balance of probabilities. I allow the Plaintiff’s claim as prayed in the plaint filed on 4th October, 2018. ……………………………… HON. E. O. OBAGA JUDGE RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 31 DAY OF JULY, 2025. IN THE PRESENCE OF: Mr. Mutuku for Plaintiff Court assistant – Steve Musyoki 2|Page ELC NO. 98 OF 2018
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