[2017] KEHC 1777 (KLR)
The court found that the plaintiff's claim was uncontroverted as the defendant failed to file a defence or appear in court. The plaintiff demonstrated that he had paid a substantial part of the purchase price and was willing to pay the balance upon transfer. The court held that the plaintiff was entitled to specific...
Source-derived case information.
- Citation
- [2017] KEHC 1777 (KLR)
- Parties
- Plaintiff: Joseph Ntoiti Mwenda; Defendant: Francis Kuura M’Mujuri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 240 of 2016
- Procedural Posture
- Land and Environment Case / Ex Parte Judgment
- Outcome
- Plaintiff's claim allowed. Judgment entered for the plaintiff as prayed.
- Legal Topics
- Land Sale Agreement, Specific Performance, Transfer of Land, Purchase Price Balance
- 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
Joseph Ntoiti Mwenda
Plaintiff
Francis Kuura M’Mujuri
Defendant
Procedural Posture
Land and Environment Case / Ex Parte Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to an order for transfer of 0.20 acres of L.R. Njia/Burieruri/5052 from the defendant.
- 2 Whether the plaintiff has fulfilled or is willing to fulfill his obligations under the sale agreement.
- 3 Whether the defendant's failure to defend the suit entitles the plaintiff to the reliefs sought.
Ratio Decidendi
The court found that the plaintiff's claim was uncontroverted as the defendant failed to file a defence or appear in court. The plaintiff demonstrated that he had paid a substantial part of the purchase price and was willing to pay the balance upon transfer. The court held that the plaintiff was entitled to specific performance of the sale agreement, including the transfer of 0.20 acres of L.R. Njia/Burieruri/5052, and that the necessary orders should be issued to facilitate the transfer and payment of the balance. The court also ordered the lifting of any caution on the land and awarded costs to the plaintiff.
Court Disposition
Plaintiff's claim allowed. Judgment entered for the plaintiff as prayed.
Orders
- An order for the transfer of 0.20 acres of parcel No. L.R. Njia/Burieruri/5052 to the plaintiff.
- The Executive Officer of the court is empowered to sign all necessary documents for the transfer.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC CASE NO 240 OF 2016
JOSEPH NTOITI MWENDA …………………………………..PLAINTIFF
VERSUS
FRANCIS KUURA M’MUJURI………………………………DEFENDANT
J U D G M E N T
Plaintiff has sued Defendant for transfer of the Land Parcel No. L.R. Njia/Burieruri/5052 from Defendant to Plaintiff.
In his pleadings, Plaintiff states that:
a) The Plaintiff paid to the Defendant a sum of Kshs. 110, 000/= and the balance of Kshs. 90,000 was to be paid upon the official transfer of 0. 20 acres.
b) The Plaintiff is able and willing to pay even the sum of Kshs.90, 000 but the Defendant has refused to carry on with the agreement.
Summons to enter Appearance were served upon the Defendant but no defence or Memorandum of Appearance was filed. The Matter proceeded Exparte although defendant, had been served with a hearing date of 16:10:17.
Plaintiff has given an account of how he bought the suit land from the Defendant. He relied on his statement and documents filed with the Plaint. .Plaintiff avers that he has so far paid Kshs. 110,000 to the Defendant leaving a balance of Kshs. 90,000. He has availed documents to that effect.
I find that Plaintiff’s claim is uncontroverted.
In the circumstances, the claim is allowed in the following terms:-
a)An order is hereby issued for the transfer of o.20 acres of parcel No. L.R.NO. NJIA/BURIERURI/5052 to the Plaintiff.
b)An order is hereby issued empowering the Executive Officer of this Court to sign all the necessary documents leading to transfer of 0. 20 of L.R NO. NJIA/BURIERURI/5052 to plaintiff.
c)An order is hereby issued empowering the District Land Registrar Meru North Land Office to lift the caution placed on Land Parcel No. NJIA/BURIERURI/5052.
d)Plaintiff is to pay the balance of the purchase price immediately the transfer is effected.
e)Defendant is condemned to pay costs of the suit.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 6TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-
CA: Janet
Plaintiff present
Hon. L. N. MBUGUA
ELC JUDGE