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ELCAllowedNot stated in judgment (application dated 15/4/2025 in suit determined by judgment dated 5/12/2024)

Rithara v Mwamba & 2 others (Sued as the administrators of the Estate of M’Mwamba M’Munyua-Deceased) (Enviromental and Land Originating Summons E013 of 2023) [2025] KEELC 8443 (KLR)

Environment and Land Court
2 December 2025
109 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Meru lifted a freeze (inhibitory order) on land parcel Abothuguchi/Gitie/183 because the case over it had already ended.

What this practically means

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Executive summary

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This is a short ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) on an application dated 15/4/2025 by the defendant. The applicant sought the lifting of an injunctive inhibitory order registered in the land register against the suit property, Abothuguchi/Gitie/183, an order which had been in place pending the hearing and disposal of the suit. The main suit had already been disposed of by the court's judgment dated 5/12/2024, rendering the interlocutory inhibitory order unnecessary. The application was not opposed by the plaintiff, who appeared through Mr. Muthomi; the defendant was represented by Ms Murugi. The court allowed the application in terms of prayer 1, thereby lifting the inhibitory order registered against the suit property, and awarded the costs of the application to the defendant/applicant. The ruling was dated, signed and delivered at Meru on 2 December 2025, with Mr. E. Tupet as court assistant. No statutes or case authorities were cited, and no reasons beyond the unopposed nature of the application were given.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the injunctive inhibitory order registered in the land register relating to Abothuguchi/Gitie/183 pending the hearing and disposal of the suit should be lifted, the suit having been determined by judgment dated 5/12/2024

Key legal issues

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01

Whether to lift the injunctive inhibitory order registered against the suit property after judgment in the main suit

Holding

The court allowed the unopposed application in terms of prayer 1, lifting the inhibitory order since the suit had been concluded by judgment dated 5/12/2024

Reasoning

The suit property, Abothuguchi/Gitie/183, was subject to an injunctive inhibitory order registered in the land register pending hearing and disposal of the suit. The suit was disposed of by the court's judgment dated 5/12/2024, so the applicant sought lifting of the order. The application was not opposed by the plaintiff. The court accordingly allowed the application in terms of prayer 1, with costs to the defendant/applicant.

p. 1

Legal principles established

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  • Where an application is unopposed, the court may allow it, as an inhibitory order pending hearing and disposal of a suit loses purpose once judgment has been delivered

Court orders

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  1. 1.The application dated 15/4/2025 is allowed in terms of prayer 1, lifting the injunctive inhibitory order registered in the land register relating to Abothuguchi/Gitie/183
  2. 2.The defendant/applicant shall have costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court jurisdiction over land within its register (suit property Abothuguchi/Gitie/183); specific provision not stated

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The application is not opposed. In the circumstances, the application is allowed in terms of prayer 1.
p. 1Disposition - unopposed application allowed
The defendant/applicant shall have costs of the application.
p. 1Costs
DATED, SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF DECEMBER, 2025.
p. 1Final orders / delivery

Issues in the judgment

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minor

Case number of the suit and the application's number are not stated in the judgment

minor

The specific terms of prayer 1 (the order allowed) are not reproduced in the ruling

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Rithara v Mwamba & 2 others (Sued as the administrators of the Estate of M’Mwamba M’Munyua-Deceased) (Enviromental and Land Originating Summons E013 of 2023) [2025] KEELC 8443 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 15/4/2025 in suit determined by judgment dated 5/12/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8443/eng@2025-12-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.