Peter Kahuho Muchai v Francis Muchai Kahuho [2018] KEELC 4030 (KLR)

Summary at a glance

Facts

The Plaintiff filed a suit against the Defendant seeking to remove a caution lodged by the Defendant over the Plaintiff's property. The Defendant failed to appear and file a defence.

Issues

• Whether the Defendant's caution is valid under Section 71(1) of the Land Registered Act.
• Whether the Plaintiff's claim for the removal of the caution succeeds.

Reasoning

The Court found the Defendant's caution not to be one of those covered under Section 71(1) of the Land Registered Act, as a beneficial interest is incapable of creating a right protected by that section. The Defendant failed to appear and file a defence, thus failing to discharge their duty.

Outcome

The Plaintiff's claim succeeds and the Court grants his prayers.

Orders

• The caution lodged by the Defendant over the Plaintiff's property is removed.

Remedies

• Costs to be met by the Defendant.

Authorities cited