STANLEY KEPKEMBOI KIRUI LAGAT v ISAAC MATANO KODAWA & 2 others [2010] KEHC 1331 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS Civil Suit 109 of 2010

STANLEYKEPKEMBOI KIRUI LAGAT……………………APPLICANT

VERSUS

ISAAC MATANO KODAWA…………………………..1ST RESPONDENT

WINFRED MZIRAI MATANO…………….………….2ND RESPONDENT

FESTO YONGO………………………………………….3RD RESPONDENT

RULING

The plaintiff entered into a Sale Agreement with the 1st and 2nd defendants in respect of a property known as apartment No.D5 errected on LR.209/4857/36 inNairobi.The 3rd defendant in these proceedings was the agent for the 1st and 2nd defendants.The purchase price was 12,500,000/=.

It is the plaintiff’s case that he complied with the terms of the Sale Agreement but the defendants did not and as a result moved to court to protect his interest.

As at the time of hearing this application it was the plaintiff’s case that he had paid the total purchase price due and payable to the 1st and 2nd defendant, and in fact transfer documents had been forwarded to his advocates but the defendants continue to harass him because of some arrears of rent which are in dispute.

It may not be appropriate to delve any deeper on the issue of rent in this dispute because, that may be a triable issue if this matter is not be settled.Suffice to say, the plaintiff having paid the total purchase price of the said property, having taken possession of the same and the documents having been forwarded to his advocates in respect of the said property, he has established a prima facie case with a probability of success and that he is entitled to the orders sought.

On15th March, 2010this court issued interim orders in favour of the plaintiff against the defendants herein which orders are still in place.To avoid any prejudice I shall not comment any further on the pleadings except to uphold and confirm the said orders until the final determination of this suit.The plaintiffs shall have the costs of this application.Orders accordingly.

Dated, signed and delivered atNairobithis 30th day of September, 2010.

A.MBOGHOLI MSAGHA

JUDGE