NJIRU KINYITIA VS DAVID KATHURI NJIRU AND HANNIEL GICHOBI NJIRU

1. For determination is the notice of motion dated 20^th July 2023 through which the applicants are seeking the following orders:
   1. Spent; and
   2. That the honourable court be pleased to order the lifting of all the prohibitory orders entered against the 2^nd respondent/applicant’s property parcel number Ngariama/Nyangeni/906 on 13^th July 2001.
2. The application is premised on the grounds that the inhibition order registered against the said property was only meant to last until determination of the suit and as it is, the suit is long concluded. That the inhibition no longer has legal basis and it should be removed in the interest of justice. In the supporting affidavit sworn by the 2^nd respondent/applicant, he stated that the case on which the inhibition was dependent, was determined with finality and an order to inhibit the property pending litigation has since been spent. That the 2^nd respondent/applicant needs money for medical expenses but he is not able to sell the said land in order to raise the money.
3. The applicant/respondent filed chamber summons dated 20^th June 2001 seeking leave to apply for an order of certiorari out of time. The application was allowed and the court issued an order dated 03^rd July 2001, inter alia, prohibiting land parcel numbers Ngariama/Nyangeni/905 and Ngariama/Nyangeni/906. The substantive application seeking certiorari orders was also filed but was never prosecuted. The 2^nd respondent/applicant filed a notice of motion dated 15^th November 2019 seeking orders that the orders encumbering land parcel Ngariama/Nyangeni/906 be vacated since the applicant respondent died before prosecuting his application. The court allowed this application through its order issued on 09^th August 2021, on the basis that the application had been spent and the file was marked as closed.
4. The issue for determination is whether the order sought should be granted. 
5. When the 2^nd respondent/applicant moved the court stating that the applicant respondent had died, the court allowed the application for the reason that the application has been spent and the file was marked as closed. However, the prohibitory orders over parcel numbers Ngariama/Nyangeni/905 and Ngariama/Nyangeni/906 are still in force. The certiorari application having been determined through this court’s order dated 09^th August 2021, the prohibitory order should be lifted since the encumbrance no longer served a purpose.
6. Therefore, in the interest of justice, I find that the application has merit. Prayer 2 of the same is hereby allowed.
7. It is so ordered.

Delivered, dated and signed at Embu this 15^th day of May, 2024.