In re Estate of Alexander Nyaga Muthara (Deceased) [2019] KEELC 3722 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC CASE NO. 106  OF 2017

FORMERLY MERU HCC CASE NO. 100 OF 2007

FREDRICK KIRIMI NYAGA (SUING AS LEGAL

REPRESENTATIVEOFTHE ESTATE OF ALEXANDER

NYAGA MUTHARA(DECEASED))................PLAINTIFF

VERSUS

WILFRED KINYUA KANYARU..................DEFENDANT

RULING

1.  This application is dated 16th April, 2019 and seeks orders:

1.  That this application be certified urgent and the same be heard without delay.

2.  That the honourable court be pleased to lift the order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519.

3.  That the costs of this application be in cause.

2.  The application is supported by the affidavit of Fredrick Kirimi Nyaga, the applicant and has the following grounds:

1.  At the time when the plaintiff/decree holder filed this suit, he had vide the Notice of Motion dated 17. 1.2001 applied for an order of inhibition to protect Land Parcel No. Karingani/Mugirirwa/1519 pending the hearing and determination of this suit.

2.  The honourable court issued an order of inhibition on 20. 3.2001 against Land Parcel No. Karingani/Mugirirwa/1519 which was subsequently registered.

3.  This suit was heard and determined in favour of the plaintiff/decree holder on 19. 12. 2018.

4.  Decree has already been issued.

5.  To enable the plaintiff/decree holder implement this court judgment delivered on 19. 12. 2018, it is only just and fair that the order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519 be lifted.

6.  No appeal and/or any other application is pending in this court.

7.  No prejudice will be occasioned to the defendant if this application is allowed.

3.  I find that the application is meant to facilitate the implementation of this court’s judgment as has been submitted by Mr. Nyamu Nyaga, the applicant’s advocate.

4.  In the circumstances, prayer 2 is allowed with the effect that the order of inhibition placed against Land Parcel No. Karingani/Mugirirwa/1519 is hereby lifted and the Land Registrar in charge of the records concerning this land is hereby ordered to remove the apposite inhibition forthwith.

5.  Costs are awarded to the applicant.

Delivered in open Court at Chuka this 24th day of April, 2019 in the presence of:

CA: Ndegwa

Nyamu Nyaga for the Plaintiff/applicant

P.M. NJOROGE

JUDGE