Patrick Wanyonyi Siboko v Land Registrar – Bungoma [2021] KEELC 4429 (KLR)
- Court
- Environment & Land Court
- Case number
- 4429
- Citation
- [2021] KEELC 4429 (KLR)
- Decided
- 11 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for removal of caution on landCoramBoaz N. Olao
Holding
The caution on the land parcel KIMILILI/KIMILILI/2303 is removed, and the Land Registrar is summoned to appear before the court.
Facts
The applicant Patrick Wanyonyi Siboko discovered a caution on his land parcel KIMILILI/KIMILILI/2303, which he claims was placed erroneously based on an order from KAKAMEGA HIGH COURT CIVIL CASE No 24 of 1994. The caution was not related to the land parcel KAKAMEGA/SHIKULU/430, which was the subject of the 1994 case.
Issues
- Removal of caution on the suit land
- Summoning the Land Registrar to appear before the court
Reasoning
The court found that the caution was placed on the wrong land parcel and was not related to the suit land. The court relied on Section 73(1) of the Land Registration Act to remove the caution.
Outcome
The caution on the land parcel KIMILILI/KIMILILI/2303 is removed.
Orders
- The caution lodged on the land parcel KIMILILI/KIMILILI/2303 be removed forthwith.
- The Land Registrar MS HELLEN A OJWANG be summoned to appear before the court on 11th February 2021 at 9 a.m.
Remedies
- Removal of caution
Authorities cited
Legislation (3)
- Land Registration Act
- Civil Procedure Act
- Civil Procedure Rules
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.
Loading judgment…