REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELC MISC NO E016 OF 2025
JOSEPH WAWERU NJOROGE..............................................PLAINTIFF
VERSUS
FREDRICK MUNGE MBUGUA..............................................DEFENDANT
RULING:
In the Notice of Motion dated 13/2/2025, the Applicant prayed that the Court do lift the Court order /inhibition placed on the parcel of land No. NYANDARUA/KITIRI/564 unconditionally. He also asked for costs. The grounds upon which he brought the Application are that the Respondent instituted a suit against the Applicant in Milimani High Court Civil Suit No. 3530 of 1992 where an order of inhibition was issued to be registered against the land parcel No. NYANDARUA/KITIRI/564 on 8/1/1992. The suit was then dismissed for want of prosecution on 20/6/2001 yet the inhibition is still partly registered on the subject parcel of the land.
The Applicant laments that the inhibition prevents him from enjoying his rights over the land being the owner of the same. The suit in Milimani was transferred to Nyahururu ELC Court which is now Nyandarua ELC Court. He also says that he has made the Application in good faith.
I have heard the Applicant’s side of the story yet the Respondent has not been heard yet. It is quite important for him to be given an opportunity to be heard. I therefore order that the Applicant do constitute a skeleton file if the Nyahururu file is not available. He should then serve the Respondent for an early hearing of his Application.
Ruling read , signed and delivered at Nyandarua this 29th Day of July, 2026.
MUGO KAMAU
JUDGE
In the Presence of: -
Court Assistant: Samson
Applicant: Physically present in person in court.
Respondent: N/A.
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IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELC MISC NO E016 OF 2025
JOSEPH WAWERU NJOROGE..............................................PLAINTIFF
VERSUS
FREDRICK MUNGE MBUGUA..............................................DEFENDANT
RULING:
In the Notice of Motion dated 13/2/2025, the Applicant prayed that the Court do lift the Court order /inhibition placed on the parcel of land No. NYANDARUA/KITIRI/564 unconditionally. He also asked for costs. The grounds upon which he brought the Application are that the Respondent instituted a suit against the Applicant in Milimani High Court Civil Suit No. 3530 of 1992 where an order of inhibition was issued to be registered against the land parcel No. NYANDARUA/KITIRI/564 on 8/1/1992. The suit was then dismissed for want of prosecution on 20/6/2001 yet the inhibition is still partly registered on the subject parcel of the land.
The Applicant laments that the inhibition prevents him from enjoying his rights over the land being the owner of the same. The suit in Milimani was transferred to Nyahururu ELC Court which is now Nyandarua ELC Court. He also says that he has made the Application in good faith.
I have heard the Applicant’s side of the story yet the Respondent has not been heard yet. It is quite important for him to be given an opportunity to be heard. I therefore order that the Applicant do constitute a skeleton file if the Nyahururu file is not available. He should then serve the Respondent for an early hearing of his Application.
Ruling read , signed and delivered at Nyandarua this 29th Day of July, 2026.
MUGO KAMAU
JUDGE
In the Presence of: -
Court Assistant: Samson
Applicant: Physically present in person in court.
Respondent: N/A.
2