Salma Mohammed Abdulla v Sandeep Pravinchadra Shah [2012] KEHC 2521 (KLR)

IN THE MATTER OF:REGISTRATION OF TITLES ACT CAP281

AND

IN THE MATTER OF:AN APPLICATION FOR ENFORCEMENT OF TRANSFER OF PROPERTY

SALMA MOHAMED ABDULLA.............................................................................................APPLICANT

V E R S U S

SANDEEP PRAVINCHANDRA SHAH................................................................................RESPONDENT

JUDGMENT

These proceedings are brought by way of Originating Summons dated 27th January 2011 in which the Plaintiff prays-

(a)That this Honourable Court do hereby order and compel the Respondent herein, SANDEEP PRAVINCHANDRA SHAH transfer (sic) property known as L.R. No. MN/1/9726 (Orig. No. 9677/49) being C.R. No. 29991 within fourteen (14) days from the date of the order to the Applicant herein.

(b)That this Honourable Court do order the High Court Deputy Registrar to sign the transfer on behalf of the SANDEEP PRAVINCHANDRA SHAH in case of default by him in favour of SALMA MOHAMED ABDULLA.

The Summons are not opposed and the Plaintiff gave viva voce evidence. She told Court that vide a Sale Agreement dated 22nd October 2001 (Exhibit 1) she bought all that land known as L.R. No. MN/1/9726 from the Defendant at a consideration of Kshs. 1,200,000/- which had been duly paid at the time of making the agreement.

On that land stood a residential house which the Plaintiff took possession. She currently leases it out and collects rent. Her difficulty is that the property has not been formally transferred to her as she cannot trace the Defendant. She is told that the Defendant may have relocated to India.

The Court was shown a Certificate of Postal Search (Exhibit 2) for the property which is still registered in the name of the Defendant. The Plaintiff assured this Court that no other person lays a claim on the property and that it is truly hers.

I am satisfied that the Plaintiff has demonstrated that she is deserving of the prayers sought. She bought the house and fully paid for it. She thereafter took possession and is enjoying rental income therefrom. She deserves to get title to this property so that she can fully enjoy the proprietory rights that come with it.

I allow the Originating Summons dated 26th January 2011 in its entirety. No order on costs.

Dated  and  delivered at Mombasa  this 28th day of August, 2012.

F. TUIYOTT

JUDGE

Dated and delivered in open court in the presence of:-

Gichira for the Plaintiff

No appearance for the Defendant

Court clerk - Moriasi

F. TUIYOTT

JUDGE