Case ID:163835

Teresia Aturwa Atonyi v Fanuel M Lihanda [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 251 of 2017

Parties:

Teresia Aturwa Atonyi v Fanuel M Lihanda

Date Delivered:

28 Sep 2020

Case Class:

Civil

Court:

Environment and Land Court at Kakamega

Case Action:

Ruling

Judge(s):

Nelly Awori Matheka

Citation:

Teresia Aturwa Atonyi v Fanuel M Lihanda [2020] eKLR

Court Division:

Environment and Land

County:

Kakamega

Case Outcome:

Application granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KAKAMEGA

ELC CASE NO. 251 OF 2017

TERESIA ATURWA ATONYI.........PLAINTIFF/ RESPONDENT

VERSUS

FANUEL M. LIHANDA....................DEFENDANT/APPLICANT

RULING

The application is dated 3

rd

march 2020 and seeks for the following orders:-

a. That the court be pleased to order the removal of the restriction entered in the register of land parcel No. Isukha/Shitoto/1420.

b. That costs be granted.

It is based on the annexed affidavit of Fanuel Lihanda and the grounds that the respondent/plaintiff’s case was heard and judgment was entered on the 28

th

day of November, 2019 where the respondent/plaintiff’s case was dismissed for lack of merit. That the respondent has maintained the inhibition placed on his land title No. Isukha/Shitoto/1420 and she is not willing to have it deregistered. That it is in the interest of justice that the application be allowed. That the respondent shall not be prejudiced in any manner. That this application has been brought in utmost good faith and in the interest of justice to all parties concerned.

This court has considered the application and the submissions therein. The application is based on the grounds that the respondent/plaintiff’s case was heard and judgment was entered on the 28

th

day of November, 2019 where the respondent/plaintiff’s case was dismissed for lack of merit. That the respondent has maintained the inhibition placed on his land title No. Isukha/Shitoto/1420 and she is not willing to have it deregistered. The application is not opposed. I find the application is merited and I grant the same with no orders as to costs.

It is so ordered.

DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 28

TH

SEPTEMBER 2020.

N.A. MATHEKA

JUDGE