[2014] KEHC 3902 (KLR)
The court found that the plaintiff had entered into a valid sale agreement with the defendant for the purchase of 0.2 of an acre, had paid the full purchase price, and had taken steps to protect his interest by lodging a caution. The defendant, despite being served, failed to enter appearance or file a defence. The...
Source-derived case information.
- Citation
- [2014] KEHC 3902 (KLR)
- Parties
- Plaintiff: Kennedy Simiyu Wekesa; Defendant: Anna Nanjala Mukhebi
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 43 of 2014
- Procedural Posture
- Land Case / Formal Proof Judgment
- Outcome
- Plaintiff's claim for specific performance granted. No order as to costs.
- Judges
- EO Obaga
- Legal Topics
- Specific Performance, Sale of Land, Transfer of Title, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Simiyu Wekesa
Plaintiff
Anna Nanjala Mukhebi
Defendant
Procedural Posture
Land Case / Formal Proof Judgment
Legal Issues
- 1 Whether there was a valid sale agreement between the plaintiff and the defendant for 0.2 of an acre.
- 2 Whether the plaintiff fulfilled his obligations under the sale agreement.
- 3 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 entered into a valid sale agreement with the defendant for the purchase of 0.2 of an acre, had paid the full purchase price, and had taken steps to protect his interest by lodging a caution. The defendant, despite being served, failed to enter appearance or file a defence. The court held that the plaintiff had met all the requirements for an order of specific performance, as he had fully performed his part of the contract. The court therefore issued an order compelling the defendant to sign all necessary documents to effect the transfer of the 0.2 of an acre to the plaintiff, or in default, for the Deputy Registrar to do so on behalf of the...
Court Disposition
Plaintiff's claim for specific performance granted. No order as to costs.
Orders
- An order of specific performance is issued compelling the defendant to sign all documents necessary to ensure that the 0.2 of an acre is transferred to the plaintiff.
- In default, the Deputy Registrar of the court is authorized to sign the documents on behalf of the defendant.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 43 OF 2014
KENNEDY SIMIYU WEKESA ….................................... PLAINTIFF
VERSUS
ANNA NANJALA MUKHEBI …........................................ DEFENDANT
J U D G E M E N T
INTRODUCTION
The Plaintiff brought this suit against the defendant seeking among other orders specific performance. The defendant who was dulyserved with summons to enter appearance neither entered appearance nor filed defence. The plaintiff proceeded by way of formal proof.
PLAINTIFF'S CASE
The plaintiff testified that on 31/8/2004, he entered into a sale agreement with the defendant in which the defendant sold to him 0. 2 of an acre at a consideration of Kshs.52,000/=. The plaintiff paid the entire purchase price but the defendant has refused to transfer the said land to him.
The 0. 2 of an acre was to be excised from LR NO. Trans-Nzoia/Emoru/156 owned by the defendant. The plaintiff had tried to have the land transferred to him through the former Provincial Administration in vain.
ANALYSIS OF EVIDENCE
The plaintiff produced a green card (exhibit 3) showing that the defendant is the registered owner of LR NO. Trans-Nzoia/Emoru/156. He also produced a sale agreement (exhibit 1) which shows that he purchased 0. 2 of an acre from the defendant. He paid the entire purchase price upon signing of the agreement.
The plaintiff had lodged a caution on the title on 2/9/2010 to protect his interests. He produced a copy of the caution as exhibit 2.
THE LAW
For one to succeed in a claim for specific performance one has to show that there was a sale agreement between him and the defendant and that the plaintiff had either fully met his obligations under the agreement or that he was willing to fulfill his part of the agreement. In the present case, the plaintiff has shown that he had an agreement for sale. He paid the entire purchase price on 31/8/2004. He is therefore entitled to an order of specific performance.
D E C I S I O N
Having found that the plaintiff entered into a sale agreement with the defendant for 0. 2 of an acre, he is entitled to the said 0. 2 of an acre. An order of specific performance is hereby issued compelling the defendant to sign all documents necessary to ensure that the 0. 2 of an acre is transferred to the plaintiff failing which the Deputy Registrar of this court should do so on behalf of the defendant.
That plaintiff was categorical that he does not want costs from the defendant. I therefore make no order as to costs.
Dated, signed and delivered at Kitale on this 16th day of July, 2014.
E. OBAGA
JUDGE
In the presence of plaintiff. Court Clerk – Kassachoon.
E. OBAGA
JUDGE
16/07/2014