Ramokia Housing Co-operative Society Limited v George Kuria Mwaura & 2 others [2019] KEELC 4297 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff proved entitlement to specific performance, injunction and cancellation of title
The Plaintiff failed to prove its case on a balance of probabilities; the suit was dismissed
The only executed agreement produced was for 30 acres, not the 18 acres claimed, and no agreement mentioned L.R. Nos. 9363/191 and 197. The Plaintiff paid only Kshs. 4,770,000/= out of the price and led no evidence connecting the land it bought to the parcels transferred to the 3rd Defendant. Without proof of willingness and ability to complete, specific performance and the consequential orders could not issue.
Effect of the death of the donor of the power of attorney
The power of attorney lapsed upon the donor's death on 17/8/2009, and dealings with the land thereafter required letters of administration
Kahuhu Kuogothoka died on 17/8/2009, but the transfers of L.R. Nos. 9363/191 and 197 to the 3rd Defendant were registered on 21/6/2010. The court found the power of attorney had lapsed and questioned how the 1st Defendant could transfer the deceased's land without first obtaining letters of administration as required by the Law of Succession Act.
Whether the Plaintiff's refund claim could be sustained against the 1st and 2nd Defendants
The refund claim ought to be directed to the legal administrators of the estate of the late Kahuhu Kuogothoka
The 1st and 2nd Defendants maintained they remitted the Kshs. 4,770,000/= received from the Plaintiff to the late Kahuhu Kuogothoka. The court accepted that as attorneys acting for the deceased vendor, the proper party to any refund claim was the legal representative of his estate, whom the Plaintiff failed to join despite the court's indication on 14/12/2017.
Legal principles established
#- A power of attorney lapses upon the death of the donor
- A party seeking specific performance must prove readiness, ability and willingness to perform its obligations under the contract
- Transfers of a deceased person's land require letters of administration under the Law of Succession Act
Court orders
#- 1.The Plaintiff's suit is dismissed
- 2.Each party will bear its own costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ramokia Housing Co-operative Society Limited v George Kuria Mwaura & 2 others [2019] KEELC 4297 (KLR)", Case Analysis (2019). ELC. CIVIL SUIT NO 339 OF 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4297/eng@2019-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.