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JudgmentNANCY KURGAT VS State Law2 min read

NANCY KURGAT VS State Law

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. The Application dated 6th June, 2024 is seeking to remove a caution placed by the 4th Respondent over the property known as Uasin Gishu Kimumu/3762 registered in the name of the Lason Mayodi Ombisa.
  2. According to the submission by the Applicant, the property was cautioned by the 4th Respondent way back in the 2008.
  3. In 2012, a dispute arose between one Esther Wanjiku Chiela against the registered owner and the Applicant over the ownership of the said property.
  4. On the 03.07.2020, the suit filed in 2012 was dismissed and the claim by Esther Wanjiku Chiela was disallowed.
  5. Consequently, the ownership of the suit property remained with the registered owner and by extension the Applicant herein.
  6. The 4th Respondent has opposed the removal of the caution on the basis that he has a purchaser’s interest over the same having purchased it from Esther Wanjiku Chiela.
  7. In addition, the 4th Respondent stated that this application is Res Judicata and in fact time is barred as the caution was placed in the 2008 in recognition of his interest.
  8. To begin with, it is clear in this Court’s mind that the property in question is owned by the Lason Mayodi Ombisa and not Esther Wanjiku Chiela.
  9. The 4th Respondent has no purchaser’s interest against the registered owner known as Lason Mayodi Ombisa.
  10. Secondly, the issue of res judicata has not been properly explained and the decision that determined this matter of the caution placed before this court.
  11. On limitation of time, the 4th Respondent has not explained under what circumstances and when time began running against the Applicant on the issue of caution.
  12. In the court’s view, it is the 4th Respondent who was to initiate and enforce the Agreement for Sale that related to the property in issue. 
  13. If time is actually to be computed, it should apply against the 4th Respondent who wishes to enforce his contract.
  14. In a nutshell, there is no justifiable ground upon which the caution lodged in 2008 against the property of Lason Mayodi Ombisa should continue being in place.
  15. The 4th Respondent has no privy of contract with the registered owner of the suit property.
  16. In conclusion, the Court makes the following orders in determination of the application dated 6th June, 2024;
  17. The County Land Registrar Uasin Gishu is hereby directed to remove, cancel and/or rectify the Green Card and/or Register of L.R Uasin Gishu Kimumu/3762 by removing the caution registered by the 4th Respondent Elijah Momanyi within 14 days from today’s date.
  18. Each party will bear its own costs on this application.

DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 4th April, 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Applicant: Mrs. Adongo for the Applicant

Respondent: No appearance for 1st and 2nd Respondent

Mr. Mathai for 3rd Respondent

Mr. Wainaina holding brief

Mr. Momanyi for 4th Respondent

    NANCY KURGAT VS State Law NANCY KURGAT VS State Law