Ngutiku & another v M’mugambi [2023] KEELC 17445 (KLR)

Ngutiku & another v M’mugambi (Environment and Land Appeal 28 of 2020) [2023] KEELC 17445 (KLR) (17 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17445 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment and Land Appeal 28 of 2020

CK Nzili, J

May 17, 2023

Between

Teretha Mutimbi Ngutiku

1st Appellant

Gitonga Gideon Mburugu

2nd Appellant

and

M’Itwaruchiu M’mugambi alias Silas Tuaruchiu Mugambi

Respondent

Ruling

1. The court is asked to lift an inhibition issued on 30. 8.2021 and which was further extended on 10. 9.2021. The reasons for the application are contained in the supporting affidavit on Martin Gituma sworn on 26. 4.2023. It is averred that the purpose for which the inhibition was to subsist has been realized since the appeal was determined on 18. 1.2023. The application is not opposed by the respondent despite service and a return of service filed on 3. 5.2023.

2. Sections 68-71 of the Land Registration Act provides that a court may grant some inhibition orders until an occurrence of an event. In this matter, the inhibition orders were to pend until the appeal was determined. That event has already happened. Therefore, there exists no justification why the inhibition orders should not be discharged or vacated. The upshot is the application is hereby allowed with no order as to costs.

DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERU ON THIS 17TH DAY OF MAY 2023In presence ofC.A John PaulNyenyire for Kamundi for applicantMiss Mukaburu for respondentHON. C.K. NZILIELC JUDGE