DAVID CURURU WANGUNYU v SERAH NJAMBI KAHAHU & another [2010] KEHC 906 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ELC. 349 OF 2007 (O.S)

DAVID CURURU WANGUNYU ……………………………..PLAINTIFF

V E R S U S

SERAH NJAMBI KAHAHU ……………………………….1ST DEFENDANT

MARY NYAMBURA KAHAHU …………………………2ND DEFENDANT

J U D G M E N T

The Defendants were served with the originating summons but did not respond. The evidence of the Plaintiff as contained in the supporting affidavit was therefore not controverted.

On 24th July, 1996 the 1st Defendant agreed to sell to the Plaintiff two plots known as L.R. No. 13460/41 and L.R. No. 13460/42 at KShs. 1,900,000/=. “DCW 1” was the annexed sale agreement. KShs. 200,000/= was to be paid by 31st July 1996, KShs. 70,000/= to be paid every month and thereafter a sum of not less than KShs. 1,000,000/= to be paid by 31st July, 1997. The balance was to be paid within 12 months from 31st July, 1997. The completion date was 24th July, 1998. The Plaintiff paid the last instalment of KShs.950,000/= vide cheque on 20th July, 1998. “DWC 3”. The payments were being made through the 2nd Defendant to whom the 1st Defendant had donated a power of attorney (“DCW 2”). Since then the 1st Defendant has not transferred the suit properties to the Plaintiff, hence the suit. The Plaintiff has been paying land rent to the Commissioner of Lands and rates to the City Council of Nairobi.

On the evidence judgment is entered for the Plaintiff against the Defendants. An order for specific performance is issued against the Defendants to execute the transfers of L.R. 13460/41 and 13460/42 to the Plaintiff within 30 days, failing which the Deputy Registrar shall execute such transfers. Costs shall be borne by the Defendants.

DATED, SIGNED AND DELIVERED AT NAIROBI

THIS 8TH DAY OF NOVEMBER 2010

A.O. MUCHELULE

J U D G E