[2009] KEHC 1367 (KLR)
The court found that the plaintiff had proved, through uncontested evidence and supporting documents, that he lawfully purchased the land, paid the full purchase price, and took possession with the necessary authority. The defendant, as administrator, failed to transfer the title and did not contest the claim. The...
Source-derived case information.
- Citation
- [2009] KEHC 1367 (KLR)
- Parties
- Plaintiff: Alexander George Kiraithe; Defendant: James Njeru Kaburia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 374 of 2006
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Transfer of Land, Title Registration, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander George Kiraithe
Plaintiff
James Njeru Kaburia
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to the transfer of Plot No. Karingani/Ndagani/638 from the defendant.
- 2 Whether the defendant, as administrator of the estate, is obligated to execute the transfer to the plaintiff.
Ratio Decidendi
The court found that the plaintiff had proved, through uncontested evidence and supporting documents, that he lawfully purchased the land, paid the full purchase price, and took possession with the necessary authority. The defendant, as administrator, failed to transfer the title and did not contest the claim. The court held that the plaintiff is entitled to the transfer of the property, and in the event of the defendant's default, the Deputy Registrar is empowered to execute the necessary documents to effectuate the transfer. The plaintiff is also entitled to costs of the suit.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant shall transfer property known as Karingani/Ndangani/628 to the plaintiff within twenty-one (21) days.
- In default, the Deputy Registrar shall sign all necessary documents in favour of the plaintiff.
Full Case Text
Judgment text and source record
15 paragraphs
ALEXANDER GEORGE KIRAITHE ……………….…..….. PLAINTIFF
VS.
JAMES NJERU KABURIA …………..………..…….…. DEFENDANT
JUDGMENT
The plaintiff, George Alexander Kiraithe brought this suit against James Njeru Kaburia in respect of parcel of land known as Plot No.Karingani/Ndagani/638 situated in Meru. It is his case that he bought the said piece of land by way of private treaty from the Public Trustee but the defendant, who is the administrator of the estate of the late Muruja Kaburia, who was the owner of the said piece of land, has refused to transfer the title to him.
He now seeks an order from the court that the defendant be compelled to transfer the said parcel of land to him and if he does not do so, by signing the necessary transfer documents in his favour the court do order that the deputy registrar signs the said documents. He also claims costs and interests.
The record shows that the defendant was served with summons to enter appearance but failed to appear within the prescribed time and so, on the application of the plaintiff, an interlocutory judgment was entered in his favour and this suit listed for formal proof.
The plaintiff has given evidence in support of his pleadings and produced several documents. He has proved to the satisfaction of the court that, he paid Kshs.50,000/= for the said plot and took possession thereof. He obtained authority from the District Commissioner to take possession of the same.
His evidence backed by all the documents he has produced has not been contested and therefore remains uncontroverted.
I am satisfied on the evidence on record that the plaintiff is indeed entitled to the said property and that the defendant has no reason whatsoever to withhold the transfer to him. That being the case, I find that the plaintiff has proved his case to the required standards and that the order sought in the plaint should be granted.
I therefore order that, the defendant shall transfer the said property known as Karingani/Ndangani/628 to the plaintiff. This he must do within twenty one (21) days of the order and in default the Deputy Registrar of this court shall sign all the necessary documents in favour of the plaintiff. The plaintiff shall also have the costs of this suit.
Orders accordingly.
Dated, signed and delivered at Nairobi this 22nd day of October, 2009.
A. MBOGHOLI MSAGHA
JUDGE