Moses Mwenda Marete v Faith Kawira Mwenda, Miriam Karwirwa Guantai & Co-Perative Bank of Kenya Ltd [2014] KEHC 226 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC NO. 42 OF 2013

MOSES MWENDA MARETE.............................................................................PLAINTIFF

VERSUS

FAITH KAWIRA MWENDA...................................................................1ST DEFENDANT

MIRIAM KARWIRWA GUANTAI..........................................................2ND DEFENDANT

CO-PERATIVE BANK OF KENYA LTD...............................................3RD DEFENDANT

RULING

This application is dated 17th October, 2014 and seeks orders

THATthis Honourable court be pleased to certify this application as urgent and hear it ex parte.

THATthis Honourable Court be pleased to lift, discharge and/or set aside inhibition orders made on 7th February, 2013 against L. R. NO.S Ntima/Igoki/4102, 5751 and 5958.

THATa copy of the order lifting, discharging and/or setting aside the inhibitions under the seal of this Honourable Court be served upon the Land Registrar Meru Central District for complaisance.

THATthe costs of this application be provided for.

It has the following grounds:

THATon 7th February, 2013 this Court issued temporary orders of inhibition against  LR. NO.s NTIMA/IGOKI/4102, 5751 and 5958 following an application by the plaintiff dated 29th January, 2013, the inhibitions were duly registered at the Meru Lands Office and exist to date.

THATon 10th March, 2014 following inter partes hearing of the said application this Court dismissed the plaintiff's application as well as the entire suit with costs to the defendants.

THATin the circumstances, there is no justifiable ground for the continued registration of the inhibition on the 1st defendant's parcels of land as the suit has been finalized.

4. THAT  further the continued registration of the inhibition on the 1st  defendant's parcels of land has prejudiced her.

5.  THAT it is only fair, just and expedient that this application be allowed   and the inhibitions against L.R. NO.s NTIMA/IGOKI/4102, 5751 and 5958  be removed.

The application is merely facilitative.  It seeks to facilitate the implementation of this court's ruling delivered on 10th March, 2014.

In the circumstances, prayers 2 and 3 of the application are granted.

Costs are awarded to the First Defendant only.

It so ordered.

Delivered in  open Court this 28th day of October, 2014 in the presence of:

Cc. Daniel/Lilian

Muthomi h/b Njeru Ngari for 1st defendant/applicant.

P. M. NJOROGE

JUDGE