Raphael Mukuruma Mukuria v Yiampoyo Eme Kuyu Ogutu & 2 others [2020] KEELC 3799 (KLR)

Summary at a glance

Facts

The Plaintiff applied for the release of a title deed for Kajiado/Kaputiei South/2199 to the Respondents and for an order to be issued for the lifting of an inhibition order against the said parcel of land. The Plaintiff claimed that the title deed should be released and that the inhibition order should be lifted due to new information discovered after the original ruling.

Issues

• Whether the Court should review and/or vary its order dated 11th April, 2018 on the release of the title for Kajiado/Kaputiei South/2199 to the respondents
• Whether the Court should issue an order for the lifting of the inhibition from the said land

Reasoning

The Court reviews its previous ruling due to new information discovered after the original ruling, including the deceased's consent to transfer a portion of the land to the Plaintiff which was not implemented due to the deceased's passing. The Court also notes that the Defendants, as the legal representatives of the deceased's estate, should not inhibit the land to block the implementation of the said Order.

Outcome

The Court reviews its previous ruling and directs the Plaintiff to retain the title and file an application for the removal of the inhibition.

Orders

• The title for Kajiado/Kaputiei South/2199 be retained by the Plaintiff's counsel pending the transfer of a portion of the land to the Plaintiff as per the terms of the consent order entered on 11th July, 2013 and 12th March, 2014 respectively.
• The Plaintiff to file a formal application for the removal of the inhibition.

Remedies

• Review of the previous ruling
• Retention of the title for the Plaintiff's counsel pending the transfer of a portion of the land to the Plaintiff as per the terms of the consent order entered on 11th July, 2013 and 12th March, 2014 respectively.
• Removal of the inhibition order

Authorities cited