[2015] KEHC 3158 (KLR)
The court found that the plaintiff had fully paid the agreed purchase price for the land and had made developments on the property. The defendants, having been served, failed to enter appearance or contest the claim. The plaintiff's evidence was unchallenged. The court held that the plaintiff was entitled to recover...
Source-derived case information.
- Citation
- [2015] KEHC 3158 (KLR)
- Parties
- Plaintiff: John Nashali Njunuli; Defendant: Patrick Wanyama Buchunju; Defendant: Emily Nasimiyu Buchunju
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 169 of 2014
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- SN Mukunya
- Legal Topics
- Sale of Land, Specific Performance, Breach of Contract, Damages, Transfer of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Nashali Njunuli
Plaintiff
Patrick Wanyama Buchunju
Defendant
Emily Nasimiyu Buchunju
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to the transfer of 0.26 acres of land parcel Ndivisi/Michi/6383 after full payment of the purchase price.
- 2 Whether the plaintiff is entitled to recover the purchase price and value of developments from the defendants due to their refusal to transfer the land.
Ratio Decidendi
The court found that the plaintiff had fully paid the agreed purchase price for the land and had made developments on the property. The defendants, having been served, failed to enter appearance or contest the claim. The plaintiff's evidence was unchallenged. The court held that the plaintiff was entitled to recover the total sum of Ksh.307,750, representing the purchase price and the value of developments, together with costs and interest, due to the defendants' breach of the agreement and failure to transfer the land as contracted.
Court Disposition
Judgment for the plaintiff.
Orders
- Judgment entered for the plaintiff for Kshs.307,750 plus costs and interest.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
ENVIRONMENT AND LAND CASE NO.169 OF 2014
JOHN NASHALI NJUNULI………………………………………….PLAINTIFF
VERSUS
PATRICK WANYAMA BUCHUNJU……………………...…..1ST DEFENDANT
EMILY NASIMIYU BUCHUNJU…………………………..….2ND DEFENDANT
JUDGEMENT
By an agreement dated 18th August 2005 the plaintiff and the defendants agreed that the plaintiff should purchase 0. 26 acres of land parcel Ndivisi/Michi/6383 for a consideration of Kshs.62,750. The consideration was paid in full.
The defendants negated the agreement and refused to transfer the land into the name of the plaintiff.
The plaintiff claims the Ksh.62,750 and developments valued at Ksh.245,600/-.
The defendants were served but they did not enter appearance and a judgement was entered against them on 20/5/2015. He relied on his written statement supporting the plaint. He claims Ksh.307,750 plus costs of the suit. His claim has not been challenged by the defendants in any way.
I therefore enter judgement for the plaintiff for Kshs.307,750 plus costs and interest.
It is so ordered
DATED at BUNGOMA this1st day ofJuly,2015
S. MUKUNYA
JUDGE