[2017] KEELC 364 (KLR)
The court found that the plaintiff had adduced uncontroverted evidence showing payment of Kshs. 370,000 to the defendant for the purchase of the suit land. The defendant failed to file a defence or attend court despite being served. The court held that the plaintiff had proved her case on a balance of probabilities...
Source-derived case information.
- Citation
- [2017] KEELC 364 (KLR)
- Parties
- Plaintiff: Rosaline Soi; Defendant: Davi Keter Kiplagat
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 59 of 2015
- Procedural Posture
- Land and Property Claim / Judgment After Formal Proof
- Outcome
- Judgment for the plaintiff as prayed in the plaint.
- Judges
- MAO Odeny
- Legal Topics
- Sale of Land, Refund of Purchase Price, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosaline Soi
Plaintiff
Davi Keter Kiplagat
Defendant
Procedural Posture
Land and Property Claim / Judgment After Formal Proof
Legal Issues
- 1 Whether the defendant received Kshs. 370,000 from the plaintiff as purchase price for the suit land and failed to transfer the property or refund the money.
- 2 Whether the plaintiff is entitled to a refund of the purchase price and costs of the suit.
Ratio Decidendi
The court found that the plaintiff had adduced uncontroverted evidence showing payment of Kshs. 370,000 to the defendant for the purchase of the suit land. The defendant failed to file a defence or attend court despite being served. The court held that the plaintiff had proved her case on a balance of probabilities and was entitled to judgment as prayed for the refund of the purchase price and costs of the suit.
Court Disposition
Judgment for the plaintiff as prayed in the plaint.
Orders
- The defendant shall pay the plaintiff Kshs. 370,000 as refund of the purchase price.
- The defendant shall pay the costs of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ELDORET
ENVIRONMENT AND LAND CASE NO. 59 OF 2015
ROSALINE SOI......................................................................... PLAINTIFF
VERSUS
DAVI KETER KIPLAGAT........................................................DEFENDANT
JUDGMENT
By a plaint dated 27th February 2015 the plaintiff herein sued the defendant for :
1. An order compelling the defendant to pay the plaintiff Kshs. 370,000/ being liquidated amount owed to the plaintiff by the defendant.
2. Cost of the suit with interest.
3. Any other relief that this court may deem fit to grant.
The defendant was served with summons to enter appearance but neither did so nor filed a defence. So the matter proceeded for formal proof 28/9/17. The court noticed that the matter was a liquidated claim which could have been heard in the Magistrate’s court but decided to hear it since the plaintiff was in court and ready to proceed. The liquidated claim was in respect of a refund of a purchase price of land parcel known as ELDORET MUNICIPALITY BLOCK 28/482 measuring 1/8 of an acre.
It was the plaintiff’s evidence that she bought the suit plot from the defendant for a consideration of Kshs 370,000/ as per the sale agreement dated 3/1/09 which she produced as exhibit No. 1. She further produced 3 receipts as exhibits 1 b, c, and d totaling Kshs 240,000/ She also produced an MOU with the defendant as exhibit No.2 which indicated that the defendant had received Kshs. 370,000/ and exhibits 3 and 4 to confirm the acknowledgement. The plaintiff also stated that she went to her lawyers who wrote a demand letter to the defendant which she produced as exhibit No. 5 She therefore prayed that the judgement be entered against the defendant as prayed in the plaint.
Determination
The plaintiff gave evidence and produced documents to prove her case. The defendant was given an opportunity to defend himself but failed to file any papers. He was even served with a hearing notice for the formal proof but did not attend court. The plaintiff’s evidence is uncontroverted and I therefore find that she has proved her case against the defendant. I enter judgement for the plaintiff against the defendant as prayed in the plaint. The defendant to pay costs of the suit.
Dated and delivered at Eldoret on this 14th day of December, 2017.
M.A ODENY
JUDGE
Read in open court in the presence of:
Miss Bor for Plaintiff.
Mr. Koech - Court Assistant
Defendant – absent.