[2014] KEHC 1358 (KLR)

[2014] KEHC 1358 (KLR)

The court found that the plaintiff, acting as administrator of his late father’s estate, had proved that his father purchased four acres of land from the 1st defendant, paid the full purchase price, and that the land was not transferred before his father’s death. The 1st defendant subsequently sold part of the land...

Source-derived case information.

Citation
[2014] KEHC 1358 (KLR)
Parties
Plaintiff: Albanus Kioo Musyoki; Defendant: Joseph Kyengo Munywoki; Defendant: Zaweria Wanjiru Kihara
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Environment & Land Case 632 of 2013
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff as prayed in the plaint.
Judges
BN Olao
Legal Topics
Specific Performance, Injunctions, Sale of Land, Succession, Adverse Possession
Source Language
en
Land and Property Specific Performance Injunctions Sale of Land Succession Adverse Possession

Source-derived case record

Summary, issues, holding and outcome

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Parties

Albanus Kioo Musyoki

Plaintiff

Joseph Kyengo Munywoki

Defendant

Zaweria Wanjiru Kihara

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to specific performance for transfer of four acres of land purchased by his late father from the 1st defendant.
  2. 2 Whether a permanent injunction should issue restraining the defendants from disposing of the suit land to third parties.
  3. 3 Whether the plaintiff is entitled to costs and interest.

Ratio Decidendi

The court found that the plaintiff, acting as administrator of his late father’s estate, had proved that his father purchased four acres of land from the 1st defendant, paid the full purchase price, and that the land was not transferred before his father’s death. The 1st defendant subsequently sold part of the land to the 2nd defendant. The plaintiff’s evidence was uncontroverted as the defendants failed to file any defence. The court accepted the documentary evidence, including the sale agreements, grant of letters of administration, and leave to file suit out of time. The court held that the plaintiff was entitled to specific performance compelling the 1st defendant to transfer the four...

Court Disposition

Judgment for the plaintiff as prayed in the plaint.

Orders

  • A permanent injunction restraining the defendants from selling, transferring, disposing or otherwise offering the four acres of Murang’a/Ithanga/Phase – 11/166 to any other party except by way of transfer to the plaintiff.
  • An order of specific performance compelling the 1st defendant to transfer four acres of Murang’a/Ithanga/Phase – 11/166 in favour of the plaintiff.