[2018] KEELC 3810 (KLR)

[2018] KEELC 3810 (KLR)

The court found that the plaintiff had paid the full purchase price for the suit property and was in possession of a signed transfer. The 3rd and 4th defendants, who had taken possession of the original title deed and deed plan purportedly as agents, had no basis to withhold these documents from the plaintiff. The 1st and 2nd defendants admitted the sale and receipt of the purchase price. The court held that the plaintiff was entitled to the original title deed and deed plan to enable her to register her interest, and that the defendants were restrained from interfering with her quiet possession of the property. Costs were awarded against the 3rd and 4th defendants.

Citation
[2018] KEELC 3810 (KLR)
Parties
Plaintiff: Asher Blessed Mumbua; Defendant: Stephen Ndunda Muinga; Defendant: Divisional Integrated Development Programmes Company Limited; Defendant: David Isaac Soi; Defendant: Robert Sila Musa
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
13 April 2018
Case Number
Environment & Land Case 30 of 2016
Procedural Posture
Land and Property Suit / Judgment
Outcome
Plaintiff's suit allowed with orders as prayed in the amended plaint.
Judges
OA Angote
Legal Topics
Sale of Land, Completion Documents, Title Transfer, Breach of Contract
Source Language
English
Land and Property Sale of Land Completion Documents Title Transfer Breach of Contract

Case Brief

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Parties

Asher Blessed Mumbua

Plaintiff

Stephen Ndunda Muinga

Defendant

Divisional Integrated Development Programmes Company Limited

Defendant

David Isaac Soi

Defendant

Robert Sila Musa

Defendant

Procedural Posture

Land and Property Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to the original title deed and deed plan for the purchased land.
  2. 2 Whether the defendants breached the sale agreement by failing to release completion documents.
  3. 3 Whether the plaintiff is entitled to quiet possession of the suit property.

Ratio Decidendi

The court found that the plaintiff had paid the full purchase price for the suit property and was in possession of a signed transfer. The 3rd and 4th defendants, who had taken possession of the original title deed and deed plan purportedly as agents, had no basis to withhold these documents from the plaintiff. The 1st and 2nd defendants admitted the sale and receipt of the purchase price. The court held that the plaintiff was entitled to the original title deed and deed plan to enable her to register her interest, and that the defendants were restrained from interfering with her quiet possession of the property. Costs were awarded against the 3rd and 4th defendants.

Court Disposition

Plaintiff's suit allowed with orders as prayed in the amended plaint.

Orders

  • The 3rd and 4th defendants are directed to release to the plaintiff the original title deed and deed plan for Land Reference Numbers 12715/52 and 12715/8669 forthwith.
  • The defendants are restrained from interfering with the plaintiff's quiet possession of L.R. No. 12715/8669.