Kanga Mwirabua, Mbiuki Mwirabua, Ciambere Kangangi, Ciamui Kangangi, John Mutegi Kangangi, Kaburu Kangangi, Kaari Kangangi, Ciambaka Kangangi, Nyaga Mpungu, Kagendo Ciambaka, Kithinji Kaburu, Muthoni Mutegi & Baini Nkari v Ndereba Naichu [2021] KEELC 3369 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT & LAND COURT

AT CHUKA

E.L.C. CASE NO. 19 OF 2019 (O.S.)

FORMERLY MERU E.L.C CASE NO. 83 OF 2016 (O.S)

KANGA MWIRABUA .......................................................... 1ST PLAINTIFF

MBIUKI MWIRABUA...........................................................2ND PLAINTIFF

CIAMBERE KANGANGI......................................................3RD PLAINTIFF

CIAMUI KANGANGI............................................................4TH PLAINTIFF

JOHN MUTEGI KANGANGI...............................................5TH PLAINTIFF

KABURU KANGANGI..........................................................6TH PLAINTIFF

KAARI KANGANGI..............................................................7TH PLAINTIFF

CIAMBAKA KANGANGI......................................................8TH PLAINTIFF

NYAGA MPUNGU...................................................................9TH PLAINTIFF

KAGENDO CIAMBAKA.....................................................10TH PLAINTIFF

KITHINJI KABURU.............................................................11TH PLAINTIFF

MUTHONI MUTEGI.............................................................12TH PLAINTIFF

BAINI NKARI........................................................................13TH PLAINTIFF

VERSUS

NDEREBA NAICHU.................................................................RESPONDENT

RULING

1. This application seeks the following orders:

1. THAT the Honorable Court do certify this application as urgent.

2. THAT the Honorable Court be pleased to lift the inhibition registered against Land Parcel No. KARINGANI/MARIANI/395 on 18th October 2016 and any other encumbrance registered against the said land parcel.

2. The application has the following grounds:

(i)That the orders of inhibition issued on 10th October 2016 and registered on 18th October 2016 were to subsist until the suit was finalized.

(ii)That the judgment delivered on 16th March 2021 by this Honorable Court finalized the matter.

(iii)That it is therefore in the interests of justice that the encumbrance be lifted to enable the applicant enjoy his proprietary rights unhindered.

3. The application is supported by the affidavit of Ndereba Naichu, the applicant, sworn on 5th May, 2021 which states:

INDEREBA NAICHUof P.O. Box Chuka, Tharaka Nithi County within the Republic of Kenya do hereby MAKE OATH and state as follows:

1. THAT I am the Applicant herein thereby competent to make and swear this affidavit.

2. THATon 10th October 2016, the plaintiffs/respondents were granted orders of inhibition stopping any dealings with land parcel no. Karingani/Mariani/395 until this suit was finalized. These orders were registered on 18th October 2016.

3. THATthe present suit was finalized by the judgment of this Honorable Court on 16th March 2021.

4. THAT the court however did not make an order to lift the inhibition registered against the suit land yet the same lapsed upon determination of the suit.

5.  THATI therefore pray that the inhibition registered on 18th October 2016 be lifted.

6. THATwhat is stated above is true and to the best of my knowledge information and belief save where otherwise stated.

4. Advocate Muriithi told the court that the applicant seeks removal of the apposite inhibition in terms of prayer 2 in the application because the suit had been heard and determined with judgment having been delivered on 16th March, 2021.

5. In the circumstances,

a) The matter is certified urgent and has been handled today in court.

b) Prayer 2 is granted.

c) Costs shall be in the cause.

Delivered in open Court at Chuka this 10th day of May, 2021 in the presence of:

CA: Ndegwa

Mark Muriithi h/b Kaumbi for the Applicant

P. M. NJOROGE

JUDGE