[2017] KEELC 944 (KLR)
The court found that the Plaintiff had proved her case on a balance of probabilities by producing a written sale agreement showing the Defendant sold two acres of land to the Plaintiff's late husband and received full payment. The Defendant, despite being served, failed to appear or file a defence, leaving the...
Source-derived case information.
- Citation
- [2017] KEELC 944 (KLR)
- Parties
- Plaintiff: Catherine Mbula Waema; Defendant: Wambua Komu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 210 of 2015
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiff's suit allowed as prayed.
- Judges
- OA Angote
- Legal Topics
- Specific Performance, Sale of Land, Transfer of Land, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Mbula Waema
Plaintiff
Wambua Komu
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the Defendant failed to transfer two acres of land to the Plaintiff after full payment as per the sale agreement.
- 2 Whether the Plaintiff is entitled to an order of specific performance compelling the Defendant to transfer the land.
Ratio Decidendi
The court found that the Plaintiff had proved her case on a balance of probabilities by producing a written sale agreement showing the Defendant sold two acres of land to the Plaintiff's late husband and received full payment. The Defendant, despite being served, failed to appear or file a defence, leaving the Plaintiff's evidence unchallenged. The court held that the Plaintiff was entitled to the relief sought, specifically an order compelling the Defendant to transfer the two acres of land as agreed in the contract.
Court Disposition
Plaintiff's suit allowed as prayed.
Orders
- The Defendant is ordered to transfer two (2) acres of Plot No. 1507 to the Plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 210 OF 2015
CATHERINE MBULA WAEMA...................................PLAINTIFF
VERSUS
WAMBUA KOMU....................................................DEFENDANT
JUDGMENT
1. In the Plaint dated 1st September, 2015, the Plaintiff has averred that on 15th August, 2007, the deceased entered into a written Sale Agreement with the Defendant for the purchase of two (2) acres of land to be excised from plot number 1507.
2. It is the Plaintiff’s case that after paying the full purchase price, the Defendant declined to transfer the land to him.
3. The Plaintiff is seeking for an order directing the Defendant to transfer to him the said two (2) acres of Plot No. 1507.
4. Although the Defendant was served, he neither entered appearance nor filed a Defence.
5. The Plaintiff, PW1, appeared before the court and stated that her, together with her late husband entered into a written agreement with the Defendant for the purchase of the suit land.
6. The Plaintiff produced in evidence the agreement dated 15th August, 2007 showing that indeed the Defendant sold to the late Wambua Mbithi a parcel of land measuring 2 acres. The agreement further shows that the full purchase of Kshs. 160,000 was paid to the Defendant.
7. Considering that the Defendant has not rebutted the evidence by the Plaintiff and in view of the Agreement of 15th August, 2007, I find that the Plaintiff has proved his case on a balance of probabilities.
8. In the circumstances, I allow the Plaintiff’s Plaint dated 11th September, 2015 as prayed.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 9TH DAY OF NOVEMBER, 2017.
O.A. ANGOTE
JUDGE