Joseph Atsiaya Omutamba v Moli Wafula Marere [2015] KEHC 4971 (KLR)
- Court
- High Court of Kenya
- Case number
- 4971
- Citation
- [2015] KEHC 4971 (KLR)
- Decided
- 13 May 2015
The Defendant is ordered to transfer a plot measuring 50 feet by 100 feet out of Land parcel South Teso/Angoromo/8167 to the Plaintiff, who must pay the outstanding balance of Kshs.4,100/= within 30 days. If the Defendant declines, the balance should be deposited with the court for transmission to the Defendant. The Defendant is also ordered to meet the Plaintiff’s costs of the suit.
Facts
The Plaintiff, Joseph Atsiaya Omutamba, claimed to have bought a portion of land measuring 50 feet by 200 feet from the Defendant, Moli Wafula Marere, for Kshs.20,000/=, which was later subdivided into parcels South Teso/Angoromo/8167 and 8168. The Plaintiff sought orders for the cancellation of the new titles and for the transfer of the land to him.
Issues
- Whether the Plaintiff and Defendant had a valid land sale agreement.
- Whether the Plaintiff has complied with the terms of the sale agreement.
- Whether the Defendant had placed the Plaintiff in possession of the land subject matter of this suit.
- Whether the Plaintiff is entitled to orders of specific performance.
Reasoning
The court found that the Plaintiff had not complied with the terms of the sale agreement and that the Defendant had not placed the Plaintiff in possession of the land. However, the court ordered the transfer of a portion of the land to the Plaintiff.
Outcome
The Defendant is ordered to transfer a portion of the land to the Plaintiff.
Orders
- That the Defendant do transfer to the Plaintiff a plot measuring 50 feet by 100 feet out of Land parcel South Teso/Angoromo/8167, upon the Plaintiff paying the outstanding balance of Kshs.4,100/= within the next 30 days.
- That should the Defendant decline to receive the said balance, the same be deposited with the court for transmission to the Defendant.
- That should the Defendant decline to sign the documents necessary to give effect to (i) above, the Deputy Registrar to sign all such documents.
- The Defendant to meet the Plaintiff’s costs of this suit.
Remedies
- Specific performance of the land transfer agreement.
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