[2010] KEHC 3154 (KLR)
The court found that the plaintiff had fully paid the purchase price for the property and had been in possession since 1986. The defendant, despite being served, failed to respond or transfer the property. The plaintiff's evidence was uncontroverted. The court held that the plaintiff was entitled to be registered as...
Source-derived case information.
- Citation
- [2010] KEHC 3154 (KLR)
- Parties
- Plaintiff: Magdalene Njoki Muiruri; Defendant: Ramesh Jadavji Raithatha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 584 of 2008
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Specific Performance, Transfer of Property, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magdalene Njoki Muiruri
Plaintiff
Ramesh Jadavji Raithatha
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to be registered as proprietor of flat No. 6 on L.R. 1870/IV/48 Nairobi after full payment of the purchase price.
- 2 Whether the court should authorize the deputy registrar to execute transfer documents on behalf of the absent defendant.
Ratio Decidendi
The court found that the plaintiff had fully paid the purchase price for the property and had been in possession since 1986. The defendant, despite being served, failed to respond or transfer the property. The plaintiff's evidence was uncontroverted. The court held that the plaintiff was entitled to be registered as proprietor of the property and that, due to the defendant's absence, the deputy registrar should be authorized to execute all necessary transfer documents on the defendant's behalf. The court granted the orders sought together with costs to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- The plaintiff shall be registered as proprietor of flat No. 6 on L.R. 1870/IV/48 Nairobi.
- The deputy registrar is authorized to sign all necessary transfer documents on behalf of the defendant.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 584 of 2008
MAGDALENE NJOKI MUIRURI …………………………PLAINTIFF
V E R S U S
RAMESH JADAVJI RAITHATHA ……………………….DEFENDANT
J U D G M E N T
The Defendant was served with the originating summons but did not respond.The Plaintiff gave evidence which was not controverted.She told court through her affidavit that she entered into agreement with the Defendant on 9th December, 1986 in which she bought flat No. 6 being 1/12thundivided share standing and erected on L. R. 1870/IV/48 Nairobi which is registered at Land Titles Registry at Nairobi as number L.R. 36203/21 in the name of the Defendant at KShs. 385,000/= which she fully paid.She annexed the agreement as “MNMI” and payments as “MNM2”.The Plaintiff was put in possession in 1986 where she has been since.The Defendant failed to transfer the property to her.She pays all charges relating to the plot.She sought an order to be registered in as proprietor of the plot, and that the deputy registrar be authorized to sign all the necessary documents on behalf of the Defendant who has been missing.The orders shall be granted together with costs.
Dated and signed at Nairobi this 17th day of March, 2010
O. MUCHELULE
J U D G E