[2005] KEHC 772 (KLR)
The court found that the plaintiff had proved, on a balance of probabilities, that he paid the purchase price and conveyancing fees for Plot No. 78/Mau Summit and had taken possession of the property. The defendant, having failed to defend the suit or dispute the plaintiff's evidence, was under an obligation to...
Source-derived case information.
- Citation
- [2005] KEHC 772 (KLR)
- Parties
- Plaintiff: Paul Gacheru Kimani; Defendant: Haraka Farmers Co-op. Society Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 337 of 2004
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Land Allocation, Title Deeds, Conveyancing Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Gacheru Kimani
Plaintiff
Haraka Farmers Co-op. Society Ltd
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to transfer and issuance of title deed for Plot No. 78/Mau Summit.
- 2 Whether the plaintiff paid the required purchase price and conveyancing fees for the property.
Ratio Decidendi
The court found that the plaintiff had proved, on a balance of probabilities, that he paid the purchase price and conveyancing fees for Plot No. 78/Mau Summit and had taken possession of the property. The defendant, having failed to defend the suit or dispute the plaintiff's evidence, was under an obligation to transfer the property and issue a title deed. The court therefore entered judgment in favour of the plaintiff as prayed in the plaint, including costs and interest.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant shall transfer Plot No. 78/Mau Summit to the plaintiff and issue him with a title deed.
- The plaintiff is awarded costs and interest.
Full Case Text
Judgment text and source record
11 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Suit 337 of 2004
PAUL GACHERU KIMANI…………………………….………………..PLAINTIFF
VERSUS
HARAKA FARMERS CO-OP. SOCIETY LTD…………………….. DEFENDANT
JUDGMENT
The plaintiff filed suit against the defendant and claimed that in 1978 he balloted for Plot No. 78/Mau Summit in the defendant’s farm. The plaintiff took possession of the said plot and settled thereon and began cultivation. There was a store and a drier on the said plot at the time and he paid for the plot, store and the drier a total of Kshs.43,000/-.
The plaintiff also testified that he paid Kshs.11,364/- to the defendant’s bank account at Nation Bank, Molo. That money was conveyancing fees in respect of the aforesaid Plot No. 78 but todate he had not been given a title deed for the aforesaid property. He therefore urged the court to order the defendant to transfer the said Plot No. 78 to him and issue him with a title deed for the same. The defendant was served with the plaint but it did not bother to defend the suit.
I find that the plaintiff has on a balance of probabilities proved his case and I enter judgement in his favour as prayed in the plaint plus costs and interest thereon.
DATED, SIGNED AND DELIVERED at Nakuru this 9th day of December, 2005. D. MUSINGA JUDGE 9/12/2005 Judgment delivered in the open court in the presence of Mr. Kisila holding brief for Mr. Kiplenge for the plaintiff and N/A for the defendant. D. MUSINGA JUDGE 9/12/2005