SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Joseph Munene v Grace Wanjiru Kihika [2017] KEELC 1278 (KLR)

[2017] KEELC 1278 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
1278
Citation
[2017] KEELC 1278 (KLR)
Decided
19 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for an order lifting a caution; application dismissedCoramD. O. OHUNGO
Holding

The court dismissed the application as no evidence was provided to prove the existence of a caution.

Facts

The applicant, Joseph Munene, claimed that the respondent, Grace Wanjiru Kihika, caused a caution to be registered on his parcel of land known as Naivasha Municipality Block 2/201, thereby depriving him of the right to own the property and economic development on it.

Issues

  1. existence of a caution on the applicant's land
  2. applicant's right to own and develop the land

Reasoning

The court considered the applicant's affidavit and the respondent's non-response, but found no evidence of a caution registered on the applicant's land.

Outcome

Application dismissed

Authorities cited

Legislation (2)
  • Civil Procedure Rules, 2010
  • Civil Procedure Act
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.
Full judgment 0.0 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case