John Nashali Njunuli v Patrick Wanyama Buchunju & Emily Nasimiyu Buchunju [2015] KEHC 3158 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

ENVIRONMENT AND LAND CASE NO.169 OF 2014

JOHN NASHALI NJUNULI………………………………………….PLAINTIFF

VERSUS

PATRICK WANYAMA BUCHUNJU……………………...…..1ST DEFENDANT

EMILY NASIMIYU BUCHUNJU…………………………..….2ND DEFENDANT

JUDGEMENT

By an agreement dated 18th August 2005 the plaintiff and the defendants agreed that the plaintiff should purchase 0. 26 acres of land parcel Ndivisi/Michi/6383 for a consideration of Kshs.62,750.  The consideration was paid in full.

The defendants negated the agreement and refused to transfer the land into the name of the plaintiff.

The plaintiff claims the Ksh.62,750 and developments valued at Ksh.245,600/-.

The defendants were served but they did not enter appearance and a judgement was entered against them on 20/5/2015.  He relied on his written statement supporting the plaint.  He claims Ksh.307,750 plus costs of the suit.  His claim has not been challenged by the defendants in any way.

I therefore enter judgement for the plaintiff for Kshs.307,750 plus costs and interest.

It is so ordered

DATED at BUNGOMA this1st  day ofJuly,2015

S. MUKUNYA

JUDGE