Case ID:185975
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Julius Nturibi Rukaria v Mary Ncekei Kirianki &
another [2021] eKLR
Case Metadata
Case Number:
Environment and Land Miscellaneous E30 of 2021
Parties:
Julius Nturibi Rukaria v Mary Ncekei Kirianki & M’rukaria M’nkubitu
Date Delivered:
17 Nov 2021
Case Class:
Civil
Court:
Environment and Land Court at Meru
Case Action:
Ruling
Judge(s):
Christopher Kyania Nzili
Citation:
Julius Nturibi Rukaria v Mary Ncekei Kirianki &
another [2021] eKLR
Court Division:
Environment and Land
County:
Meru
Case Outcome:
Application allowed
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 MERU
ELC MISC. E30 OF 2021
JULIUS NTURIBI RUKARIA .........1
ST
APPLICANT
VERSUS
MARY NCEKEI KIRIANKI ........... 2
ND
APPLICANT
M’RUKARIA M’NKUBITU ........ 3
RD
RESPONDENT
RULING
1. By an application dated
10.8.2021
brought under
Section 70
of the
Land Registration Act, Order 51 Rule 1, Section 1A, 1B
and
3A of the Civil Procedure Act
, the applicant seek lifting of inhibition orders issued and registered against
Parcels No’s Nyaki/Giaki/2624 and 2625
and
Nyaki/Thuura/3182, 3183, 3184 & 3185
.
2. The application is supported by an affidavit sworn by
Julius Rukaria
in which he states initially there was
Meru HCCA No. 108 of 2008
which was withdrawn and later a
Tigania Law Courts CC No. 101 of 2005
that was dismissed on account of res judicata.
3. It is averred the applicant sought for and was granted inhibition orders in
Tigania CC No.101 before
the said case was dismissed.
4. Once a suit is dismissed it is obvious whatever interim orders were existing stand vacated. So if the same party is the one who filed and was issued with orders of inhibition all what he needs to do is to supply the Land Registrar with a decree showing the matter in which inhibition was issued is finalized one way or the other.
5. The applicant has annexed JNR – 11a, a search for the land parcels in issue, which indicates the lifespan of the inhibition orders:
“is until civil suit No. 101 in the R.M’s court at Tigania is heard and determination see order dated 6.6.06
.”
6. Section 70
of the
Land Registration Act
provides an inhibition shall not be cancelled except on the expiration of the time stated in the inhibition or by a consequent order of the court. In the instant case, both spelt out in the inhibition has expired and a consequent order of dismissal of the suit made. All what remains is to bring to the attention of the Land Registrar the said developments.
7. There is no indication that the
Land Registrar Meru
has been supplied with a certified copy of the decree in the aforesaid suit and declined to remove the inhibition.
8. This court is not convinced that applicants has made any efforts to take the appropriate action. That notwithstanding and guided by
Section 1A, 1B and 3A
of the
Civil Procedure Act
, it is in the interest of justice to lift the inhibition order due to effluxion of time and settlement of the suit as submitted.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 17
TH
DAY OF NOVEMBER, 2021
In presence of:
No appearance for parties
Court Assistant - Kananu
HON. C.K. NZILI
ELC JUDGE