M’Murika v Mwiandi [2025] KEELC 4151 (KLR)

M’Murika v Mwiandi (Environment & Land Case 49 of 2017) [2025] KEELC 4151 (KLR) (21 May 2025) (Ruling)

Neutral citation: [2025] KEELC 4151 (KLR)

Republic of Kenya

In the Environment and Land Court at Chuka

Environment & Land Case 49 of 2017

BM Eboso, J

May 21, 2025

Between

Wilfred Miriti M’Murika

Plaintiff

and

Benson Nyaga Mwiandi

Defendant

Ruling

1. Through the notice of motion dated 6/9/2024, the defendant seeks an order vacating the inhibition existing in the land register relating to land parcel number Mwimbi/Murugi/2826. The inhibition was entered on 23/1/2015 pursuant to an order issued in Meru Environment and land Court Case No 9 of 2014 (Originating Summons).

2. The record before the court shows that this suit was originally instituted as Meru ELC Case No 9 of 2014 (OS). The record also shows that on 14/1/2015, the Environment and Land Court at Meru (Njoroge J) issued an inhibition in the suit. The said case was subsequently transferred to Chuka Environment and Land Court where it was concluded.

3. The application is unopposed. Counsel for the applicant has indicted that the applicant is not aware of any pending appeal.

4. In the above circumstances, the court will allow the application dated 6/9/2024 in terms of prayers 1 and 2 save that the words “caution/caveat” shall be replaced with the word “inhibition.” There shall be no order as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT CHUKA THIS 21ST DAY OF MAY, 2025. B M EBOSO [MR]JUDGE.In the Presence of:Mr. Gachomo Advocate for the DefendantCourt Assistant – Mr. Mwangi