REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU ELC NO. 42 OF 2013 MOSES MWENDA MARETE.............................................................................PLAINTIFF VERSUS FAITH KAWIRA MWENDA...................................................................1ST DEFENDANT MIRIAM KARWIRWA GUANTAI..........................................................2ND DEFENDANT CO-PERATIVE BANK OF KENYA LTD...............................................3RD DEFENDANT RULING This application is dated 17th October, 2014 and seeks orders 1. THAT this Honourable court be pleased to certify this application as urgent and hear it ex parte. 2. THAT this Honourable Court be pleased to lift, discharge and/or set aside inhibition orders made on 7th February, 2013 against L. R. NO.S Ntima/Igoki/4102, 5751 and 5958. 3. THAT a copy of the order lifting, discharging and/or setting aside the inhibitions under the seal of this Honourable Court be served upon the Land Registrar Meru Central District for complaisance. 4. THAT the costs of this application be provided for. It has the following grounds: 1. THAT on 7th February, 2013 this Court issued temporary orders of inhibition against LR. NO.s NTIMA/IGOKI/4102, 5751 and 5958 following an application by the plaintiff dated 29th January, 2013, the inhibitions were duly registered at the Meru Lands Office and exist to date. 2. THAT on 10th March, 2014 following inter partes hearing of the said application this Court dismissed the plaintiff's application as well as the entire suit with costs to the defendants. 3. THAT in the circumstances, there is no justifiable ground for the continued registration of the inhibition on the 1st defendant's parcels of land as the suit has been finalized. 4. THAT further the continued registration of the inhibition on the 1st defendant's parcels of land has prejudiced her. 5. THAT it is only fair, just and expedient that this application be allowed and the inhibitions against L.R. NO.s NTIMA/IGOKI/4102, 5751 and 5958 be removed.
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The application is merely facilitative. It seeks to facilitate the implementation of this court's ruling delivered on 10th March, 2014. In the circumstances, prayers 2 and 3 of the application are granted. Costs are awarded to the First Defendant only. It so ordered. Delivered in open Court this 28th day of October, 2014 in the presence of: Cc. Daniel/Lilian Muthomi h/b Njeru Ngari for 1st defendant/applicant. P. M. NJOROGE JUDGE
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