Ikamati M' Mutirithia v Samson Kimanaa [2016] KEHC 5881 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL CASE NO. 345 OF 1989

IKAMATI M' MUTIRITHIA.............................................................PLAINTIFF

VERSUS

SAMSON KIMANAA.......................................................................DEFENDANT

R U L I N G

This application is dated 3rd November and seeks orders:-

1. THAT the Honourable Court be pleased to issue an order for removal of all inhibitions and restriction orders on land parcel subject of this suit  land parcel  No. NJIA/BURIERURI/1522.

2. THAT the costs of this application be in suit.

The application is buttressed by the affidavit of SAMSON KIMANAA, the Applicant, and has  the following grounds:-

1.  The Plaintiff's suit was dismissed for want of prosecution by the Courts own motion during   the justice at last Initiative.

2. That during  the period of this suit, the plaintiff had  been granted inhibition orders restricting any dealings in the subject land.

3. That the defendant is an elderly man who wishes to distribute his land to his children while he still has the time to do so.

4. That the District Land Registrar has insisted on a Court order removing all restrictions before he can allow the defendant to subdivide his land.

5. That there is no application to reinstate this suit that is pending.

6. That this application is brought in furtherance of Justice.

Mr. Mwanzia holding brief for Miss Mutinda told the Court that this suit was dismissed by the Hon. Lady Justice Mugure Thande, Judge, on  09/07/2015.   He opined that the application was only meant to implement the decision of this Court.

I agree. The application is allowed. Consequently, it is ordered as follows;-

1. An Order is issued for removal of all Inhibition and Restriction Orders concerning Land Parcel No. NJIA/BURIERURI/1522.

2. Costs are awarded to the applicant.

It is so ordered.

Delivered in open Court at Meru this 23 day of March, 2016 in the presence of:-

CC: Daniel/Lilian

Mwanzia h/b Miss Mutinda for the Applicant

P. M. NJOROGE

JUDGE