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ELCPartially AllowedELC No. 580 of 2017· [2021] KEELC 4641 (KLR)

Muriu Properties Investment Ltd v Joseph Bongei & another [2021] KEELC 4641 (KLR)

Environment and Land Court
21 January 2021
GKG Kemei
1,106 words in judgment
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The bottom line

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A Kenyan buyer who paid for land in full but never received the title won a court order forcing its registration as owner.

What this practically means

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Executive summary

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The plaintiff, Muriu Properties Investment Ltd, sued Joseph Bongei (1st defendant) and the Registrar of Titles (2nd defendant) seeking a vesting order over LR No 4953/4106 Thika, or alternatively an order authorising the Deputy Registrar to execute the transfer documents, and an order compelling the Registrar of Titles to register the plaintiff as owner in place of the 1st defendant. The plaintiff averred that it bought the land from the 1st defendant under a sale agreement dated 26/11/2010 for Kshs 2 million, paid the price in full, but the 1st defendant failed to transfer the land. The 1st defendant was served by substituted service and did not enter appearance or file a defence; the 2nd defendant filed a defence but called no witnesses. The plaintiff testified through its director, Raphael Maina Irungu, who produced the sale agreement, the 1st defendant's letter of allotment dated 18/5/1995, the certificate of lease and lease document, and payment receipts. The court found the documentary evidence established that the land purchased was LR No 4953/4106, corroborated by a caveat registered on 16/1/2015, and held the claim proved on a balance of probabilities. The suit was allowed: the vesting order issued as prayed, the Deputy Registrar was directed to execute the transfer documents subject to production of a certified copy of the title, and the Land Registrar was directed to register the plaintiff as proprietor. No orders as to costs were made. Judgment delivered at Thika on 21 January 2021 by J G Kemei, Judge.

Key legal issues

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Whether the Plaintiff proved its claim that it purchased LR No 4953/4106 from the 1st Defendant and paid the full purchase price

Holding

The claim was proved on a balance of probabilities; the vesting and registration orders were granted

Reasoning

The court examined the sale agreement of 26/11/2010 for Kshs 2 million, the letter of allotment of 18/5/1995 to the 1st Defendant, the certificate of lease in the 1st Defendant's name and the lease document. These corroborated the testimony of PW1, the plaintiff's director, that the purchase price was paid in full through Mpesa, cheque and cash. The identification of the purchased land as LR No 4953/4106 was fortified by a caveat registered on 16/1/2015. The 1st Defendant, served by substituted service, did not appear or defend; the 2nd Defendant called no witnesses.

p. 2

Legal principles established

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  • A plaintiff proves a claim for specific performance/vesting of land on a balance of probabilities through corroborating documents (sale agreement, letter of allotment, lease and certificate of lease)

Court orders

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  1. 1.Prayer (a) - a vesting order for LR No 4953/4106 - allowed as prayed
  2. 2.Deputy Registrar of the Court ordered to execute all documents necessary to effect transfer of the title to the Plaintiff, subject to production of a certified copy of the title duly registered in the name of the 1st Defendant
  3. 3.Upon satisfaction of that condition, the Land Registrar ordered to register the Plaintiff as proprietor of the suit land in place of the 1st Defendant
  4. 4.No orders as to costs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (as constituted at Thika hearing ELC No. 580 of 2017)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Muriu Properties Investment Ltd v Joseph Bongei & another [2021] KEELC 4641 (KLR)", Case Analysis (2021). ELC No. 580 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4641/eng@2021-01-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.