Catherine Mbula Waema v Wambua Komu [2017] KEELC 944 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS

ELC. CASE NO.  210 OF 2015

CATHERINE MBULA WAEMA...................................PLAINTIFF

VERSUS

WAMBUA KOMU....................................................DEFENDANT

JUDGMENT

1. In the Plaint dated 1st September, 2015, the Plaintiff has averred that on 15th August, 2007, the deceased entered into a written Sale Agreement with the Defendant for the purchase of two (2) acres of land to be excised from plot number 1507.

2. It is the Plaintiff’s case that after paying the full purchase price, the Defendant declined to transfer the land to him.

3. The Plaintiff is seeking for an order directing the Defendant to transfer to him the said two (2) acres of Plot No. 1507.

4. Although the Defendant was served, he neither entered appearance nor filed a Defence.

5. The Plaintiff, PW1, appeared before the court and stated that her, together with her late husband entered into a written agreement with the Defendant for the purchase of the suit land.

6. The Plaintiff produced in evidence the agreement dated 15th August, 2007 showing that indeed the Defendant sold to the late Wambua Mbithi a parcel of land measuring 2 acres.  The agreement further shows that the full purchase of Kshs. 160,000 was paid to the Defendant.

7. Considering that the Defendant has not rebutted the evidence by the Plaintiff and in view of the Agreement of 15th August, 2007, I find that the Plaintiff has proved his case on a balance of probabilities.

8. In the circumstances, I allow the Plaintiff’s Plaint dated 11th September, 2015 as prayed.

DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 9TH DAY OF NOVEMBER, 2017.

O.A. ANGOTE

JUDGE