Ndwiga Kiura v Benson Kiura [2018] KEELC 3334 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

ELC CASE NO. 198 OF 1995

NDWIGA KIURA................................................PLAINTIFF

VERSUS

BENSON KIURA..............................................DEFENDANT

RULING

1.  The application dated 2nd February 2018 seeks orders to remove the orders of inhibition registered against land parcel no. Kyeni/Mufu/1034 as entry no. 4 registered on 27th February 1996.  The reasons given are that the suit subject of the inhibition has already been finally determined and no further dispute is envisaged.

2.  The application is supported by the grounds set out in the affidavit of the applicant.

3.  I have perused the record and I find that indeed this suit was dismissed on 26. 2.2016.  It is hence no longer tenable for the inhibition to remain in place.

4.  The application is hence allowed as drawn.  The orders of inhibition registered against land parcel No. Kyeni/Mufu/1034 as entry no 4 are hereby lifted.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 16th MAY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet/Galgalo

Kioga for applicant present

No appearance for respondent

HON. LUCY. N. MBUGUA

ELC JUDGE