REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL (OS) CASE NO. E003 OF 2023 JOHN MBAYA MUKETHA (Suing as a Legal Representative of the estate of MARIAM NTHANGA DECEASED).................................PLAINTIFF =VERSUS= JAMES L KABURU MANYARA............................1ST DEFENDANT M’RIMBERIA M’MANYARAH..............................2ND DEFENDANT RULING (EX-TEMPORE) 1. Through the post-judgment notice of motion dated 16/9/2026, the defendants seek an order vacating the caution registered against title number Abothuguchi/Githongo/314 on 14/2/2023. It is clear from the record that the said caution pre-dates this suit and was not registered pursuant to an order made in this cause. Secondly, a final judgment was rendered in this cause on 17/10/2024. The court dismissed the plaintiff’s originating summons for lack of merit. Page 1 | 2
page 1 of 2
2. Under Kenya’s civil legal system, the post-judgment jurisdiction of a civil court is limited to enforcement/execution and other consequential proceedings. This court has no postjudgment jurisdiction to grant a relief that was not sought in the cause prior to pronouncement of a judgment. 3. The proper recourse available to the defendant is to file a stand-alone miscellaneous application seeking an order vacating the caution. Needless to say, the defendant will be expected to exhibit the pleadings relating to this cause and the court’s judgment which disposed the issue of ownership of the suit land. 4. For the above reasons, the notice of motion dated 16/9/2026 is hereby struck out with no order defendants will be at liberty to as to costs. The initiate stand-alone proceedings for an order vacating the caution. It is so ordered. DATED, SIGNED AND DELIVERED AT MERU THIS 29TH DAY OF SEPTEMBER, 2026. B M EBOSO ELC JUDGE In the presence of: Ms Bett holding brief for Mr. Kiogora Aritihi for the Defendant/Applicant. Plaintiff – Absent. Court Assistant – Mr. E. Tupet Page 2 | 2
page 2 of 2