[2012] KEHC 2521 (KLR)
The applicant demonstrated that she entered into a valid sale agreement with the respondent, paid the full purchase price, and took possession of the property. The respondent failed to effect the transfer and cannot be traced. There is no evidence of any competing claim to the property. The court is satisfied that...
Source-derived case information.
- Citation
- [2012] KEHC 2521 (KLR)
- Parties
- Applicant: Salma Mohamed Abdulla; Respondent: Sandeep Pravinchandra Shah
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 15 of 2011
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- application allowed
- Judges
- F Tuiyott
- Legal Topics
- Transfer of Land, Specific Performance, Registration of Titles, Sale of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salma Mohamed Abdulla
Applicant
Sandeep Pravinchandra Shah
Respondent
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order compelling the respondent to transfer the property L.R. No. MN/1/9726 to her.
- 2 Whether the Deputy Registrar should be authorized to sign the transfer in default by the respondent.
Ratio Decidendi
The applicant demonstrated that she entered into a valid sale agreement with the respondent, paid the full purchase price, and took possession of the property. The respondent failed to effect the transfer and cannot be traced. There is no evidence of any competing claim to the property. The court is satisfied that the applicant is entitled to the orders sought, including compelling the respondent to transfer the property and authorizing the Deputy Registrar to sign the transfer in default. The applicant is thus entitled to be registered as the proprietor of the property to fully enjoy her proprietary rights.
Court Disposition
application allowed
Orders
- The respondent is ordered to transfer property L.R. No. MN/1/9726 (C.R. No. 29991) to the applicant within fourteen (14) days from the date of the order.
- In default by the respondent, the High Court Deputy Registrar is authorized to sign the transfer on behalf of the respondent in favour of the applicant.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE MATTER OF:REGISTRATION OF TITLES ACT CAP281
AND
IN THE MATTER OF:AN APPLICATION FOR ENFORCEMENT OF TRANSFER OF PROPERTY
SALMA MOHAMED ABDULLA.............................................................................................APPLICANT
V E R S U S
SANDEEP PRAVINCHANDRA SHAH................................................................................RESPONDENT
JUDGMENT
These proceedings are brought by way of Originating Summons dated 27th January 2011 in which the Plaintiff prays-
(a)That this Honourable Court do hereby order and compel the Respondent herein, SANDEEP PRAVINCHANDRA SHAH transfer (sic) property known as L.R. No. MN/1/9726 (Orig. No. 9677/49) being C.R. No. 29991 within fourteen (14) days from the date of the order to the Applicant herein.
(b)That this Honourable Court do order the High Court Deputy Registrar to sign the transfer on behalf of the SANDEEP PRAVINCHANDRA SHAH in case of default by him in favour of SALMA MOHAMED ABDULLA.
The Summons are not opposed and the Plaintiff gave viva voce evidence. She told Court that vide a Sale Agreement dated 22nd October 2001 (Exhibit 1) she bought all that land known as L.R. No. MN/1/9726 from the Defendant at a consideration of Kshs. 1,200,000/- which had been duly paid at the time of making the agreement.
On that land stood a residential house which the Plaintiff took possession. She currently leases it out and collects rent. Her difficulty is that the property has not been formally transferred to her as she cannot trace the Defendant. She is told that the Defendant may have relocated to India.
The Court was shown a Certificate of Postal Search (Exhibit 2) for the property which is still registered in the name of the Defendant. The Plaintiff assured this Court that no other person lays a claim on the property and that it is truly hers.
I am satisfied that the Plaintiff has demonstrated that she is deserving of the prayers sought. She bought the house and fully paid for it. She thereafter took possession and is enjoying rental income therefrom. She deserves to get title to this property so that she can fully enjoy the proprietory rights that come with it.
I allow the Originating Summons dated 26th January 2011 in its entirety. No order on costs.
Dated and delivered at Mombasa this 28th day of August, 2012.
F. TUIYOTT
JUDGE
Dated and delivered in open court in the presence of:-
Gichira for the Plaintiff
No appearance for the Defendant
Court clerk - Moriasi
F. TUIYOTT
JUDGE