[2018] KEELC 3018 (KLR)
The court found that there was a valid and enforceable sale agreement between the plaintiff and the defendant for a portion of land measuring 0.08 Ha, that the plaintiff paid the full purchase price, and that the defendant failed to transfer the land as agreed. The defendant admitted the sale and did not oppose the...
Source-derived case information.
- Citation
- [2018] KEELC 3018 (KLR)
- Parties
- Plaintiff: Harun Chitiavi Washiya; Defendant: Peter Mula Wanamambi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 148 of 2017
- Procedural Posture
- Land Dispute / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- NA Matheka
- Legal Topics
- Sale of Land, Specific Performance, Transfer of Land, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Harun Chitiavi Washiya
Plaintiff
Peter Mula Wanamambi
Defendant
Procedural Posture
Land Dispute / Judgment
Legal Issues
- 1 Whether there was a valid sale agreement between the plaintiff and defendant for a portion of land measuring 0.08 Ha.
- 2 Whether the defendant failed to transfer the agreed portion of land to the plaintiff despite receiving the purchase price.
- 3 Whether the plaintiff is entitled to an order compelling the defendant to execute transfer documents or, in default, the deputy registrar to do so.
Ratio Decidendi
The court found that there was a valid and enforceable sale agreement between the plaintiff and the defendant for a portion of land measuring 0.08 Ha, that the plaintiff paid the full purchase price, and that the defendant failed to transfer the land as agreed. The defendant admitted the sale and did not oppose the plaintiff's case. On the balance of probabilities, the plaintiff proved his entitlement to the land and to the relief sought. The court therefore ordered the defendant to sign the transfer papers for the specified portion of land, failing which the deputy registrar would be authorized to execute the transfer on the defendant's behalf. Costs were awarded to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- The defendant is to sign transfer papers and transfer a portion measuring approximately 0.08 ha from parcel S.KABRAS/CHEMUCHE/3314 to the plaintiff, failing which the deputy registrar is authorized to sign the said papers.
- Costs of the suit to be borne by the defendant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURTCOURT AT KAKAMEGA
ELC NO. 148 OF 2017
HARUN CHITIAVI WASHIYA ............................. PLAINTIFF
VERSUS
PETER MULA WANAMAMBI ......................... DEFENDANT
JUDGEMENT
The plaintiff avers that on 13th March 2014 entered into a mutual agreement with the defendant for purchase of a portion of land measuring approximately 0. 08 Ha from the parcel of land S.KABRAS/CHEMUCHE/3314 registered in the names of the defendant.The plaintiff avers that he paid the agreed purchase price of 100,000/= (Kshs. One hundred thousand shillings) on the same date and the defendant was to give him the agreed share.The plaintiff avers that however the defendant refused and or denied to allocate the said share of land.The plaintiff avers that as a consequence thereof the Defendant was charged before the Principal Magistrate Court at Butali vide the Criminal Case No.400 of 2015. The Plaintiff avers that upon hearing all witnesses and considering evidence on record the Defendant was found guilty of but he agreed to allocate the plaintiff the said parcel and as a result was committed on a probation sentence accordingly on 5th October 2016. The plaintiff therefore claims against the defendant is that he transfers the agreed portion from the parcel S/KABRAS/CHEMUCHE/3314 failure to which the deputy registrar be allowed to sign the transfer papers.Reasons wherefore the plaintiff prays for judgment against the defendant for:
a) That the defendant be compelled to sign transfer papers and he transfers a portion measuring approximately 0. 08 ha from parcel S.KABRAS/CHEMUCHE/3314 failure to which the deputy registrar be allowed to sign the said papers.
b) Costs of this suit.
c) Any other relief this Honorable court deems fit to grant in the circumstances.
PW1 testified that he is residing and working for gain at Kimang’eti sub location within the Republic of Kenya.That he purchased apportion from the defendant on land parcel No.S/KABRAS/CHEMUCHE/3314 9 PEx1 is the sale agreement).That the Defendant refused to transfer the said portion from the land No.S/KABRAS/CHEMUCHE/3314. That he complained at Malava police station and the defendant agreed to transfer the said parcel however he has remained adamant.The plaintiff avers that as a consequence thereof the Defendant was charged before the Principal Magistrate Court at Butali vide the Criminal Case No. 400 of 2015. The Plaintiff avers that upon hearing all witnesses and considering evidence on record the Defendant was found guilty of but he agreed to allocate the plaintiff the said parcel and as a result was committed on a probation sentence accordingly on 5th October 2016 (PEx2 proceedings of Butali Court).That prays to this court to order the defendant transfer the said share failure to which the deputy registrar be allowed to sign the said transfer papers.PW2 witnessed the sale agreement and corroborated PW1’s evidence.
DW1 the defendant admits that he sold land to the plaintiff and that it is the latter who has not gone for his land.
This court has carefully considered the plaintiff’s and the defendant’s case. The plaintiff gave evidence that on 13th March 2014 entered into a mutual agreement with the defendant for purchase of a portion of land measuring approximately 0. 08 Ha from the parcel of land S.KABRAS/CHEMUCHE/3314 registered in the names of the defendant. The plaintiff avers that he paid the agreed purchase price of 100,000/= (Kshs. One hundred thousand shillings) on the same date and the defendant was to give him the agreed portion. The plaintiff avers that however the defendant refused and or denied to allocate the said portion of land. The defendant confirms that the sale took place and he has not refused to give the land to PWI. I find that the plaintiff’s case is not opposed and the plaintiff has proved his case on a balance of probabilities. I therefore grant the following orders;
1. That the defendant is to sign transfer papers and he transfers a portion measuring approximately 0. 08 ha from parcel S.KABRAS/CHEMUCHE/3314 failure to which the deputy registrar be allowed to sign the said papers.
2. Costs of this suit to be borne by the defendant.
It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA IN OPEN COURT THIS 17TH DAY OF MAY 2018.
N.A. MATHEKA
JUDGE