Cecilia Gachire Mburu & another v Felista Wamuhu & another [2010] KEHC 2437 (KLR)
- Court
- High Court of Kenya
- Case number
- 2437
- Citation
- [2010] KEHC 2437 (KLR)
- Decided
- 23 April 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramJ.K. SERGON
Holding
The motion to remove the caution is allowed with costs.
Facts
Cecilia Gachire Mburu and Mary Wairimu filed a plaint in 1983 seeking to transfer 1.5 acres of land to the plaintiffs. The matter was arbitrated by elders and a decision was made in 1994. The plaintiffs now seek to remove a caution registered against the title.
Issues
- Whether the plaintiffs can remove the caution registered against the title.
- Whether the motion was filed out of time.
Reasoning
The caution is registered against the title, and the plaintiffs have been unable to actualize the decision of the court. The motion is not time barred.
Outcome
Judgment in favor of the plaintiffs
Orders
- Ordering the Principal Land Registrar to remove the caution registered by Felista Wamuhu Mwarano against title No. Loc 7/Ichagaki/795.
Remedies
- Removal of the caution registered against the title.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Registered Land Act
- Limitation of Actions 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.
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