Damaris Muthoni Mwangi v Stellah Mumbua Kilonzo & 2 others [2020] KEELC 3785 (KLR)
- Court
- Environment & Land Court
- Case number
- 3785
- Citation
- [2020] KEELC 3785 (KLR)
- Decided
- 31 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePlaintiff v DefendantsCoramO.A. ANGOTE
Holding
The Plaintiff's claim for specific performance and injunction is allowed. The 2nd Defendant is ordered to reconstruct the file and issue a replacement Title Deed.
Facts
The Plaintiff entered into a Sale Agreement with the 1st Defendant for land known as Mavoko Town Block 2/17540. She paid a deposit and the balance was to be paid upon successful registration of the completion documents. The documents were misplaced in the 2nd Defendant's office.
Issues
- Whether the Plaintiff's claim for specific performance and injunction should be granted.
- Whether the 2nd Defendant should reconstruct the file and issue a replacement Title Deed.
Reasoning
The documents were misplaced by the 2nd Defendant, and the Plaintiff's evidence is uncontroverted. The Plaintiff should be allowed to obtain a Title Deed in her favour.
Outcome
Plaintiff's claim allowed
Orders
- A permanent injunction barring the transfer and alienation of the property to any other party.
- An order of specific performance to compel the 1st Defendant to participate in the reconstruction of the Transfer documents.
- In the event of default, the 2nd Defendant to execute all Transfer documents in favour of the Plaintiff and issue a replacement Title Deed.
Remedies
- Specific performance and injunction
- Reconstruction of the file and issuance of a replacement Title Deed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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