Charles Kariuki Muruthi v Tito Theuri Gaita [2016] KEELC 12 (KLR)
- Court
- Environment & Land Court
- Case number
- 12
- Citation
- [2016] KEELC 12 (KLR)
- Decided
- 16 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal Out of Time and Restriction RemovalCoramL N WAITHAKA
Holding
The court dismisses Muruthi's appeal out of time application and orders the Land Registrar to remove the restriction on the property.
Facts
Charles Kariuki Muruthi filed an appeal out of time against a 2007 judgment and sought a stay of execution and a restraining order. Tito Theuri Gaita bought the property from Muruthi but later filed a suit for its sale due to Muruthi's refusal to transfer the property. Gaita executed the decree and now disputes Muruthi's occupation.
Issues
- Muruthi's appeal out of time
- Restriction on the property
Reasoning
The court declines to grant the appeal out of time due to the long delay and lack of a compelling reason, and orders the restriction to be lifted.
Outcome
Appeal dismissed, restriction removed
Orders
- Land Registrar to remove restriction on Nyeri/Watuka/1769
Remedies
- Costs awarded to the applicant
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (2)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR
- Peter Gichia Nyanjui v Simon Kibe Muriithi & 3 others [2016] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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