Wachira Wambugu v Nyeri County Land Registrar & another [2021] KEELC 3831 (KLR)
- Court
- Environment & Land Court
- Case number
- 3831
- Citation
- [2021] KEELC 3831 (KLR)
Summary at a glance
Facts
The applicant is the registered proprietor of land parcels CHINGA/GATHERA/5226 and CHINGA/GATHERA/5337. The 2nd respondent, Samuel Karenju Wachira, had placed cautions on these parcels claiming beneficial interest. The applicant had previously sued the 2nd respondent and Stanley Thiongo Wachira for permanent injunctions to prevent them from using the land. The court granted the injunctions, and the 2nd respondent did not appeal.
Issues
- Removal of cautions on the applicant's land parcels
- Costs of the application
Reasoning
The court found that the 2nd respondent was in compliance with the court order and that the applicant had given portions of land to the respondents as a parent's moral obligation. The court ruled that the respondents cannot force the applicant to give them land or seek to inherit his properties.
Outcome
Application granted
Orders
- Removal of cautions on land parcels CHINGA/GATHERA/5226 and CHINGA/GATHERA/5337
- Costs to be borne by respondents
Remedies
- Removal of cautions
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