Mwangi & 12 others v Jufras Investment Limited & 3 others

JUDGMENT 1. By plaint dated 1st September 2022 and amended on 16th October 2024, the 13 Plaintis led suit against the Defendants seeking the following reliefs: a. A declaration that the 1st and 2nd Defendants ought to subdivide , register and transfer land parcels known as Ruiru /Ruiru East Block 2/2929 and 2930 to the Plaintis in the sequence of plots as they were purchased by the Plaintis as follows: i. 1st Plainti- Plot No. 27 ii. 2nd Plainti -Plot No. 26 iii. 3rd Plainti-Plot No. 6 iv. 4th Plainti-Plot No.3 v. 5th Plainti-Plot No. 15, 16 and 17 vi. 6th Plainti-Plot No. 22 vii. 7th Plainti-Plot No.21 viii. 8th Plainti-Plot No.23 ix. 9th Plainti-Plot No. 19 and 20 x. 10th Plainti-Plot No.18 xi. 11th Plainti- Plot No. 24 And the same ought to be registered in the Plaintis respective names. b. An Order directing the 3rd Defendant to register the plots of land as per declaration a) above. c. An order that the Defendants do transfer to the Plaintis their individual plots as purchased out of the Land Reference No. Ruiru /Ruiru East Block/2930 and Ruiru / Ruiru East Block 2/2829,2929. d. A permanent injunction to issue against the 1st and 2nd Defendants by themselves, their agents, servants, employees or authority working under them from proclaiming, seizing, advertising, alienating, selling or in any other way disposing of the Plainti’s land parcel number Ruiru /Ruiru East Block/2930 and Ruiru /Ruiru East Block 2/2829, 2929 and 2930 to any other person other than the Plainti in terms of the declaration 1(a) above. e. An order directing the 3rd Defendant to rectify the records in the Ruiru Land Registry to reect the sole owner of the parcel of land namely Ruiru /Ruiru East Block/2930 and Ruiru /Ruiru East Block 2/2929 as the 2nd Defendant prior to sub-division and transfer of the same to the Plaintis. f. In the alternative, an order that the registrar of the High Court do sign and execute all transfers on behalf of the Defendants herein. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18392/eng@2025-12-16 2

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g. General damages h. Costs of this suit and any other or further relief that this Honourable court may deem t to grant. 2. It is the Plainti’s case that the 1st Defendant is a land buying company and the registered owner of land parcels number Ruiru / Ruiru East Block/2930 and Ruiru / Ruiru East Block 2/2929 which they divided into various plots for purposes of selling them to interested purchasers. 3. The Plaintis each entered into a sale agreement with the 1st d and 2nd Defendants in respect of the said plots and they were allocated plots out of the suit properties and issued with certicates of ownership. They were then given vacant possession of their respective plots where they have constructed structures of various kinds and some are residing thereon. 4. The Plaintis further allege that they later discovered that the 1st and 2nd Defendants had deliberately indicated the wrong plot numbers on the certicates of ownership and they have failed, refused or neglected to transfer the plots to the Plaintis who are the benecial owners thereof. 5. The Plaintis later learnt that land parcel number Ruiru /Ruiru East Block 2/2929 which is one of the parcels the 1st and 2nd Defendants sold to some of the Plaintis is jointly registered in the names of the 2nd and 4th Defendants. 6. Despite being served with the Plaint and Summons to enter appearance the Defendants neither enter appearance nor eld any defence. The suit therefore proceeded by way of formal proof. 7. During the hearing each of the Plaintis testied and relied on their witness statements. They produced the documents in their lists of documents dated 16.10.24, and 1.9.2022 as follows; i. Elizabeth Wanjiru Mwangi (1st Plainti) produced sale agreement dated 27.9.2014 in respect of plot number 27 situated on land parcel number Ruiru /Ruiru East Block 2/2829 for a consideration of Kshs. 280,00. She also produced a receipt of Kshs. 280,000 dated 27.9.2024 issued by the 1st Defendant She also produced a copy of an ownership certicate dated 27.9.2014. ii. Johnson Maina (2nd Plainti) produced a receipt dated 13.8.2014 for Kshs. 300,000, an ownership certicate and a sale agreement dated 12.8.2014. iii. Rebecca Mbithe Nduke (3rd Plainti) produced a receipt dated 13.11.2014 for Kshs. 300,000 for plot no. 6 Ruiru /Ruiru East Block 2/2829 and a sale agreement dated 13.11.2014. iv. Patrick Wachira Ngatia (4th Plainti) produced a receipt dated 24.2.2014 for Kshs. 270,000 for plot no. 3 Ruiru /Ruiru East Block 2/2929 and a sale agreement dated 24.2.2014. v. Felistas Waithera Komu (5th Plainti) produced a receipt dated24.9.2014 for Kshs. 270,000 for plot no.16; receipt dated 24.9.2014 for Kshs. 50,000 for plot no. 7; receipt dated 1.11.2016 for Ksh. 200,000 for plot no. 17 and receipt dated 30.5.2019 for Ksh. 200,000 for plot no. 17. She also produced sale agreements dated 24.92014, 29.5.2014 and https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18392/eng@2025-12-16 3

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vi. Patrick Ndiritu Wambui (6th Plainti) produced a receipt dated for Kshs. 320,00 for plot no.22 vii. Isaiah Muthee Kaguiira (7th Plainti) produced) a sale agreement dated 3.9.2014 and an RTGS receipt for Kshs. 200,000 viii. Wilson Mbugua Mwaura (8th Plainti ) produced a certicate of ownership for plot No. 23. ix. Veronica Wanjiru Thuku (9th Plainti) who testied that she is the director of Multiple Global (K) Limited (10th Plainti) produced the following documents: A certicate of ownership for plot No. 19 from parcel No. Ruiru / Ruiru East Block 2/2929 Receipt No. 1108 for Kshs.300,000. On behalf of Multiple Global (K) Ltd (10th Plainti) she produced a certicate of ownership No. 860 for plot No. 18 and certicate of ownership 646 as well as a sale agreement dated 6.2.2016. x. Paul Kariuki Mwangi the secretary of Uwezo Welfare Group (11th Plainti) produced a certicate of ownership dated 9.5.205 for plot no. 14 Ruiru / Ruiru East Block 2/2929, a receipt for kshs. 300,000 dated 9.5.2015 and a sale agreement dated 9.5.2015. He also produced a certicate of registration dated 27.9.14. xi. Fredrick Kimani (12th Plainti) produced a certicate of ownership for plot no. 4 Ruiru /Ruiru East Block 2/2829 dated 7.3.2014. xii. Joel Kuria Kariuki, the 13th Plainti produced a certicate of ownership for plot No. 25 dated 19.11.2014, a receipt date 19.1.2014 for Kshs 350,000 and a sale agreement dated 19.11.2014. 8. Each of the Plaintis testied that they purchased their respective plots from the 1st and 2nd Defendants, paid the purchase price in full and they were issued with certicates ownership. Their requests to have the plots transferred to them have however been futile. 9. After close of the Plaintis’ case, counsel for the plainti led written submissions which I have considered in arriving at my decision. 10. From the green cards in respect of land parcel number Ruiru /Ruiru East Block 2/2930 produced by the Plaintis the said parcel has been sub-divided and while some of the sub-divisions remain in the name of the 2nd Defendant, others have been transferred to 3rd parties. However, parcel No. Ruiru / Ruiru East Block 2/2930 is still in the name of the 2nd Defendant. 11. The evidence adduced by the Plaintis is uncontroverted. It is not in dispute that the Plaintis have paid for their plots in full and that they have been in possession of their respective plots for varying periods of time ranging from 2014 and 2015 todate. Most of them have constructed either permanent or temporary structures on their plots. 12. Having performed their part of the bargain, the Plaintis are entitled to their parcels of land. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18392/eng@2025-12-16 4

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13. In view of the foregoing, it is my nding that the Plaintis have proved their case on a balance of probabilities. Consequently, I enter judgment for the Plaintis and make the following nal orders: a. A declaration is hereby issued that the 1st and 2nd Defendants ought to subdivide , register and transfer the land parcels known as Ruiru /Ruiru East Block 2/2929 and 2930 or their resultant subdivisions to the Plaintis in the sequence of plots as they were purchased by the Plaintis as follows: i. 1st Plainti- Plot No. 27 ii. 2nd Plainti -Plot No. 26 iii. 3rd Plainti-Plot No. 6 iv. 4th Plainti-Plot No.3 v. 5th Plainti-Plot No. 15, 16 and 17 vi. 6th Plainti-Plot No. 22 vii. 7th Plainti-Plot No.21 viii. 8th Plainti-Plot No.23 ix. 9th Plainti-Plot No. 19 and 20 x. 10th Plainti-Plot No.18 xi. 11th Plainti- Plot No. 14 xii. 12th Plainti Plot No. 24. xiii. 13th Plainti Plot No. 25 b. An Order directing the 3rd Defendant to register the plots of land as per declaration a) above. c. An order that the Defendants do transfer to the Plaintis their individual plots as purchased out of the land Land Reference No. Ruiru /Ruiru East Block/2930 and Ruiru /Ruiru East Block 2/2929 failing which the Deputy registrar ELC shall execute all the transfer documents on behalf of the Defendants. d. A permanent injunction to issue against the 1st and 2nd Defendants by themselves, their agents, servants, employees or authority working under them from proclaiming, seizing, advertising, alienating, selling or in any other way disposing of the Plainti’s land parcel number Ruiru /Ruiru East Block/2930 and Ruiru /Ruiru East Block 2/2929 and 2930 or their resultant sub-divisions to any other person other than the Plainti in terms of the declaration 1(a) above. e. The 1st and 2nd Defendants shall bear the costs of this suit. DATED SIGNED AND DELIVERED VIRTUALLY AT THIKA THIS 16TH DAY OF DECEMBER 2025. ............................... https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18392/eng@2025-12-16 5

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J. M ONYANGO JUDGE In the presence of: Mr Seda for the Plaintis No appearance for the Defendants Court Assistant: Hinga https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18392/eng@2025-12-16 6

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