Victoria Masinde (Suing through her Attorney Betty Tindi Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Kitale
Category
Civil
Judge(s)
Mwangi Njoroge
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 eKLR case summary of Victoria Masinde versus Lois Chesiriken Psenjen, focusing on legal representation and implications surrounding Enock Mokoit Psenjen. Stay informed on key legal insights.

Case Brief: Victoria Masinde (Suing through her Attorney Betty Tindi Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (Deceased) & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Victoria Masinde (Suing through her Attorney Betty Tindi Masinde) v. Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (deceased)) & Others
- Case Number: ELC NO. 136 OF 2006
- Court: Environment and Land Court at Kitale
- Date Delivered: September 30, 2020
- Category of Law: Civil
- Judge(s): Mwangi Njoroge
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Do the land numbers LR 2116/571 and Kitale Municipality Block 10/3 refer to the same parcel of land?
- Did Enock Mokoit Psenjen execute Powers of Attorney to Timothy Naibei Pello, and did these Powers of Attorney entitle the 3rd defendant to receive any land?
- Did the 3rd defendant have the authority to dispose of the suit land to the plaintiff?
- Are the 1st and 2nd defendants bound by the terms of the Powers of Attorney granted to Timothy and the actions of Timothy and the 3rd defendant regarding the suit land?
- What orders should be issued regarding the suit and counterclaim?

3. Facts of the Case:
The plaintiff, Victoria Masinde, through her attorney Betty Tindi Masinde, entered into two agreements in June and September 2003, along with a letter in August 2003, to purchase land measuring 0.40 Ha from Enock Mokoit Psenjen, now deceased. The purchase price was Kshs. 1,100,000, with payments made to the municipal council and the 3rd defendant, Amy Chelagat Kiptui, who was involved in the transaction. The defendants, representing Enock's estate, denied the agreements and claimed the plaintiff was a trespasser.

4. Procedural History:
The case progressed from initial pleadings, including the plaintiff's amended plaint and the defendants' defenses and counterclaims. Evidence was presented by both parties, including testimonies from the plaintiff's attorney and the County Land Registrar. The court heard the case over several years, culminating in a judgment delivered on September 30, 2020.

5. Analysis:
- Rules: The court considered statutes related to property transfer, including the Evidence Act, specifically sections regarding the burden of proof and the validity of Powers of Attorney.
- Case Law: Previous cases were referenced to establish principles of specific performance and the necessity of demonstrating a valid contract. The court noted the importance of proving the existence and legitimacy of the Powers of Attorney in question.
- Application: The court found that the two land references indeed referred to the same parcel. It ruled that the Powers of Attorney executed by Enock were valid and that the 3rd defendant had the authority to sell the land to the plaintiff. The court concluded that the defendants were bound by the actions taken by Timothy and the 3rd defendant.

6. Conclusion:
The court ruled in favor of the plaintiff, ordering specific performance of the agreements and directing the defendants to transfer the land to the plaintiff. The court found that the plaintiff was not a trespasser and that the defendants' counterclaim should be dismissed. The decision underscores the binding nature of Powers of Attorney and the enforceability of property agreements.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The court's ruling affirmed the validity of the plaintiff's land purchase agreements and the authority of the 3rd defendant, leading to an order for specific performance. This case highlights the significance of Powers of Attorney in property transactions and the importance of adhering to contractual obligations in civil law. The decision serves as a precedent for similar disputes involving land transactions and the authority of agents in Kenya.

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