Joseph Ntoiti Mwenda v Francis Kuura M’mujuri [2017] KEHC 1759 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC CASE NO 240 OF 2016

JOSEPH NTOITI MWENDA …………………….…PLAINTIFF

VERSUS

FRANCIS KUURA M’MUJURI…………………...DEFENDANT

J U D G M E N T

Plaintiff has sued Defendant for transfer of the Land Parcel No. L.R. Njia/Burieruri/5052 from Defendant to Plaintiff.

In his pleadings, Plaintiff states that:

a) The Plaintiff paid to the Defendant a sum of Kshs. 110, 000/= and the balance of Kshs. 90,000 was to be paid upon the official transfer of 0. 20 acres.

b) The Plaintiff is able and willing to pay even the sum of Kshs.90, 000 but the Defendant has refused to carry on with the agreement.

Summons to enter Appearance were served upon the Defendant but no defence or Memorandum of Appearance was filed. The Matter proceeded Exparte although defendant, had been served with a hearing date of 16:10:17.

Plaintiff has given an account of how he bought the suit land from the Defendant. He relied on his statement and documents filed with the Plaint. .Plaintiff avers that he has so far paid Kshs. 110,000 to the Defendant leaving a balance of Kshs. 90,000. He has availed documents to that effect.

I find that Plaintiff’s claim is uncontroverted.

In the circumstances, the claim is allowed in the following terms:-

a) An order is hereby issued for the transfer of o.20 acres of parcel No. L.R.NO. NJIA/BURIERURI/5052 to the Plaintiff.

b) An order is hereby issued empowering the Executive Officer of this Court to sign all the necessary documents leading to transfer of 0. 20 of L.R NO. NJIA/BURIERURI/5052 to plaintiff.

c) An order is hereby issued empowering the District Land Registrar Meru North Land Office to lift the caution placed on Land Parcel No. NJIA/BURIERURI/5052.

d) Plaintiff is to pay the balance of the purchase price immediately the transfer is effected.

e) Defendant is condemned to pay costs of the suit.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 6TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-

CA: Janet

Plaintiff present

Hon. L. N. MBUGUA

ELC JUDGE