[2017] KEELC 682 (KLR)

[2017] KEELC 682 (KLR)

The court found that the plaintiff had proved, on a balance of probabilities, that there was a written agreement for the sale of land parcel KITETA/NGILUNI/2154, that the plaintiff paid the full purchase price, and that he took possession and remained in occupation until the defendant's unlawful interference in...

Source-derived case information.

Citation
[2017] KEELC 682 (KLR)
Parties
Plaintiff: Joshua Munywoki; Defendant: Patrick Mukonza Nzioki
Court
Environment and Land Court
Court Station
Environment and Land Court at Makueni
Jurisdiction
Kenya
Case Number
Environment & Land Case 66 of 2017
Procedural Posture
Land Dispute / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Sale of Land, Specific Performance, Injunctions, Land Control Board Consent
Source Language
en
Land and Property Sale of Land Specific Performance Injunctions Land Control Board Consent

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Summary, issues, holding and outcome

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Parties

Joshua Munywoki

Plaintiff

Patrick Mukonza Nzioki

Defendant

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether there was a valid sale agreement between the plaintiff and defendant for land parcel KITETA/NGILUNI/2154.
  2. 2 Whether the plaintiff is entitled to a permanent injunction restraining the defendant from interfering with the suit land.
  3. 3 Whether the plaintiff is entitled to ownership and transfer of the suit land despite lack of Land Control Board consent.

Ratio Decidendi

The court found that the plaintiff had proved, on a balance of probabilities, that there was a written agreement for the sale of land parcel KITETA/NGILUNI/2154, that the plaintiff paid the full purchase price, and that he took possession and remained in occupation until the defendant's unlawful interference in 2010. Although the parties did not obtain Land Control Board consent for the transfer, the court was satisfied that the plaintiff had established a cause of action and was entitled to the reliefs sought. The defendant's denial of the agreement and occupation was rejected in light of documentary evidence. The court granted the plaintiff a permanent injunction, a declaration of...

Court Disposition

Judgment for the plaintiff.

Orders

  • A permanent injunction restraining the defendant from interfering with the plaintiff’s occupation of land parcel KITETA/NGILUNI/2154.
  • A declaration that the plaintiff is entitled to ownership of land parcel KITETA/NGILUNI/2154.