RULING
- 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.
- According to the submission by the Applicant, the property was cautioned by the 4th Respondent way back in the 2008.
- In 2012, a dispute arose between one Esther Wanjiku Chiela against the registered owner and the Applicant over the ownership of the said property.
- On the 03.07.2020, the suit filed in 2012 was dismissed and the claim by Esther Wanjiku Chiela was disallowed.
- Consequently, the ownership of the suit property remained with the registered owner and by extension the Applicant herein.
- 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.
- 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.
- 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.
- The 4th Respondent has no purchaser’s interest against the registered owner known as Lason Mayodi Ombisa.
- 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.
- 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.
- 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.
- If time is actually to be computed, it should apply against the 4th Respondent who wishes to enforce his contract.
- 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.
- The 4th Respondent has no privy of contract with the registered owner of the suit property.
- In conclusion, the Court makes the following orders in determination of the application dated 6th June, 2024;
- 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.
- 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