SABINA NYANOKWE GATIMWA & 4 OTHERS V MAROA WAMBURA GATIMWA [2012] KEHC 2110 (KLR)
- Court
- High Court of Kenya
- Case number
- 2110
- Citation
- [2012] KEHC 2110 (KLR)
- Decided
- 21 September 2012
The court declines to grant the inhibition order as it would deny the respondents the fruits of the decree. However, the court orders the applicant to file his monetary claim for reimbursement of expenses with the Deputy Registrar for assessment and execution as a money decree.
Facts
The defendant/applicant filed a Notice of Motion seeking orders to inhibit the registration of land transfers to the plaintiffs/respondents. The applicant claimed he had incurred costs for subdividing the land and that the respondents had not shared these costs.
Issues
- Whether the court has jurisdiction to issue an inhibition order
- Whether the applicant has a sustainable claim over the land
Reasoning
The court found that the applicant has no sustainable claim over the land but a claim for reimbursement of expenses. The court also noted the respondents' uncooperative behavior.
Outcome
The court declines to grant the inhibition order and orders the applicant to file a monetary claim.
Orders
- Order the applicant to file a monetary claim for reimbursement of expenses with the Deputy Registrar for assessment and execution as a money decree
Remedies
- Money decree for reimbursement of expenses
Authorities cited
Legislation (2)
- Civil Procedure Act
- Registered Land Act
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