[2017] KEELC 2859 (KLR)
The court found that the plaintiff had produced valid sale agreements and an official search, and that his evidence was unchallenged. The court was satisfied that the plaintiff had proved his case on a balance of probabilities and was entitled to the reliefs sought in the plaint, including specific performance to...
Source-derived case information.
- Citation
- [2017] KEELC 2859 (KLR)
- Parties
- Plaintiff: Prof. Simiyu Wandiba; Defendant: Elias Makhanu Juma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 219 of 2014
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Plaintiff's prayers allowed as prayed in the plaint.
- Legal Topics
- Sale of Land, Specific Performance, Title Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prof. Simiyu Wandiba
Plaintiff
Elias Makhanu Juma
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to specific performance of the sale agreement for one acre of land from East Bukusu/South Kanduyi/15660.
- 2 Whether the plaintiff has proved his case on a balance of probabilities.
Ratio Decidendi
The court found that the plaintiff had produced valid sale agreements and an official search, and that his evidence was unchallenged. The court was satisfied that the plaintiff had proved his case on a balance of probabilities and was entitled to the reliefs sought in the plaint, including specific performance to conclude the sale and obtain title to one acre of land from East Bukusu/South Kanduyi/15660.
Court Disposition
Plaintiff's prayers allowed as prayed in the plaint.
Orders
- The plaintiff is entitled to specific performance of the sale agreement for one acre of land to be hived off from East Bukusu/South Kanduyi/15660.
- The defendant shall take all necessary steps to facilitate the transfer of title to the plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA.
IN HIGH COURT OF KENYA AT BUNGOMA.
ENVIRONMENT AND LAND CASE NO. 219 OF 2014.
PROF. SIMIYU WANDIBA………………………………………PLAINTIFF
VERSUS.
ELIAS MAKHANU JUMA………………………..…………...DEFENDANT
JUDGMENT.
[1]. Judgment in this case was entered by the Deputy Registrar. On 22/12/2015. The case came up for formal proof on 13th March 2017. Prof. Simiyu Wandiba gave evidence and said that he will rely on his statement filed in Court. He produced agreements dated 16/5/88, 2/7/88, and 30/7/88 and official search of 1995. He prayed that the court to assist him to conclude the Sale to enable him to get his title of his land measuring one acre. This land was to be hived off from East Bukusu/South Kanduyi/15660.
[2]. Judgment having been entered on 22/12/2015 by the Deputy Registrar. I have now perused the documents produced by the plaintiff and I am satisfied that the plaintiff has proved his case on balance of probabilities. His prayers are allowed as prayed in the plaint.
Judgment read in open Court.
DATED at BUNGOMA this 18th day of May, 2017.
S. MUKUNYA
JUDGE.
In the presence of:
Joy: Court Assistant
Mrs. Chunge: Holding brief for Mr. Sichangi for the Defendant
Plaintiff
Defendant: Absent