Komoni v Mbuvi

c. An order of permanent injunction restraining the Plainti either by himself, his servants and/ or agents from interfering in any manner with the Defendant’s use of his 7.28 Hectares of land comprised in land parcel LR Nzaui/Kilili/738. d. Costs of this suit. e. Any other relief that this honourable court may deem t and just to grant. 3. When the suit came up for hearing on 23rd September, 2025, neither the Defendant nor his advocate were present despite the fact that the hearing date had been taken by consent. The hearing therefore proceeded exparte. 4. The Plainti testied that on 18th May, 1996, he purchased three (3) acres from the Defendant at a consideration of Kshs.60,000/=. The three acres were comprised in the Defendant’s land parcel number Nzaui/Kilili/738. On 15th June, 1996, the Plainti purchased a further ½ an acre at a consideration of Kshs.10,000/=. Again on 29th August, 1997, he purchased a further ½ an acre at a consideration of Kshs.10,000/= making a total of four (4) acres. The Plainti fully paid the purchase price to the Defendant. 5. The Defendant has now refused to transfer the four (4) acres to him necessitating the ling of this suit. In 2021, the Defendant blocked the access road to his property. The Plainti called PW3 Bonface Kyana and PW4 Wambua Muvuuka Nziu who were elders present when the Plainti purchased the rst three acres as well as the ½ acre. The two conrmed that the Plainti paid the entire purchase price. 6. The Plainti called PW2 John Nzioka Masika the chairman of Aaanziu Kiloi clan who was informed about the dierences between the Plainti and the Defendant. He went and brought the two together and asked each to produce their documents. The Plainti produced all agreements which showed that he had purchased a total of four (4) acres from the Defendant. He ruled that the Plainti was entitled to his 4 acres. They planted sisal to mark the boundary of the 4 acres. 7. I have considered the evidence of the Plainti which is not controverted. The Plainti produced the three agreements of 18th May, 1996, 15th June, 1996 and 29th August, 1997. The rst two agreements were witnessed by PW3 and PW4. It was conrmed that the Plainti had cleared all the payments. In the agreement of 29th August, 1997, it was conrmed that the Plainti had cleared Kshs.10,000/= being purchase of ½ an acre which made the total of 4 acres. 8. A copy of ocial search which was produced conrms that the Defendant owns LR No. Nzaui/ Kilili/738 measuring 7.28 hectares. A demand letter was also produced as exhibit. I therefore nd that the Plainti has proved his case on a balance of probabilities. As the Defendant did not adduce any evidence in support of the counterclaim, his counterclaim is dismissed with costs to the Plainti. On the other hand I enter judgment for the plainti against the Defendant in terms of prayers 1, 2 and 3 of the plaint dated 20th November, 2021. JUDGMENT DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 18TH DAY OF DECEMBER, 2025. ...................................................... HON. E. O. OBAGA JUDGE In The Presence Of: Mr. Munyasya for the Plainti https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18386/eng@2025-12-18 2

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Court Assistant - Steve Musyoki https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18386/eng@2025-12-18 3

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