Joseph Githinji Nderu v Eliud Kiratu [2013] KEHC 6895 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL DIVISION

CIVIL SUIT NO. 1327 OF 1989

JOSEPH GITHINJI NDERU ......................................................PLAINTIFFS

VERSUS

ELIUD KIRATU……………………………………………………………..…DEFENDANT

RULING

The applicant seeks to have the caveat registered as LR 41431/2 against the defendant’s title removed. The applicant has filed this application under section 2 & 73(1) of the Land Registration Act No 3 of 2012 sections 3 and 3A of the Civil Procedure Act. She has filed a supporting affidavit giving a background to the orders she seeks. The contents of her affidavit are clear. The court order of 1/12/97 is annexed showing that the plaintiff suit was dismissed and an injunctive order given restraining the plaintiffs from evicting the defendants. The applicant states that upon perusing the register there is a caveat force.

With the court order not challenged or appealed against the applicant is entitled the orders sought. The application was not opposed by the plaintiff/respondent despite being served. I therefore find merit in the application dated 6/12/12. I grant prayer No. 3 that the caveat registered as LR 41431/2 against the defendants title be removed. Costs be in the cause.

Orders accordingly.

Dated, signed and delivered this 28th Day of November 2013.

R. E OUGO

JUDGE

In the presence of:-

……………………………………………………………………….…Plaintiffs

………………………………………………………………….……Defendants

……………………………………………….………………………Court Clerk