Phares Nyaga Nyiriia v Mbiuki Bundi Ntiro & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL CASE NO 106 OF 2000 PHARES NYAGA NYIRIIA …........................................................PLAINTIFF VERSUS MBIUKI BUNDI NTIRO...................................................1ST DEFENDANT ELIZAPHAN NYAGA M'BUNDI......................................2ND DEFENDANT PETKAY SWEN MIRITI M'NKIRIA.................................3RD DEFENDANT RULING This Ruling is dated 9th March, 2015 and seeks the following orders:1. THAT the Honourable Court be pleased to certify this matter as urgent and be heard on priority basis. 2. THAT this Honourable Court be pleased to issue an Order for the removal of the order of inhibition and the caution registered against LR.NO. KARINGANI MUGIRIRWA/962 to give effect to the decree and judgement of this Honourable Court dated 9th July,2014 and 2nd July,2010 respectively. 3. THAT this Honourable Court be pleased to order production of the original title deed before the Land Registrar Tharaka Nithi be dispensed with. 4. THAT upon issuance of the said orders, the same be served upon the Land Registrar, Tharaka-Nithi for registration on the appropriate register and compliance. It is supported by the affidavit of Phares Nyaga Nyiriia and has the following grounds:1. THAT vide CMCC NO. 84 of 2000 Orders of inhibition were issued inhibiting all dealings on L.R. No. KARINGANI/MUGIRIRWA/962 pending further orders from this Honourabe Court. 2. THAT the Honourable Court vide a Judgement dated 2nd July, 2010 decreed that LR.NO.KARINGANI/MUGIRIRWA/962 be transfered to the Applicant's name. 3. THAT the transfer documents have been with the Land Registrar,THARAKA-NITHI, but unfortunately cannot be registered because of the said inhibition,caution and the unavailability of the original title deed.

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