[2010] KEHC 3081 (KLR)

[2010] KEHC 3081 (KLR)

The court found that the plaintiffs had demonstrated a prima facie case for the grant of a temporary injunction, as there was a valid agreement for sale, and the plaintiffs had fulfilled their obligations, including payment of stamp duty and preparation of transfer documents. The defendant's purported cancellation was not based on expiry of the completion period but on a unilateral decision to withdraw, as evidenced by his advocate's letter. The court distinguished the authority cited by the defendant, noting that in this case, the defendant had not supplied necessary documents to complete the transaction and had signed the transfer, indicating the contract was still operative. The court...

Citation
[2010] KEHC 3081 (KLR)
Parties
Plaintiff: Andrew Murugu Maina; Plaintiff: Caroline Wangari Muriuki; Defendant: Johnson Ngarari Mwaura
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 February 2010
Case Number
Environment & Land Case 617 of 2008
Procedural Posture
Chamber Summons / Ruling on Interlocutory Application for Injunction and Specific Performance
Outcome
Plaintiffs' application for temporary injunction granted with costs.
Judges
AT Sitati
Legal Topics
Specific Performance, Temporary Injunctions, Breach of Contract, Sale of Land, Unique Property, Remedies for Breach
Source Language
English
Land and Property Civil Procedure Specific Performance Temporary Injunctions Breach of Contract Sale of Land Unique Property Remedies for Breach

Case Brief

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Parties

Andrew Murugu Maina

Plaintiff

Caroline Wangari Muriuki

Plaintiff

Johnson Ngarari Mwaura

Defendant

Procedural Posture

Chamber Summons / Ruling on Interlocutory Application for Injunction and Specific Performance

Legal Issues

  1. 1 Whether the plaintiffs are entitled to a temporary injunction restraining the defendant from breaching or cancelling the agreement for sale of L.R. No. 7785/897 Runda, Nairobi.
  2. 2 Whether the plaintiffs are entitled to an order of specific performance compelling the defendant to complete the sale of the suit property.
  3. 3 Whether the defendant was in breach of the agreement for sale or whether the contract had expired due to lapse of the completion period.

Ratio Decidendi

The court found that the plaintiffs had demonstrated a prima facie case for the grant of a temporary injunction, as there was a valid agreement for sale, and the plaintiffs had fulfilled their obligations, including payment of stamp duty and preparation of transfer documents. The defendant's purported cancellation was not based on expiry of the completion period but on a unilateral decision to withdraw, as evidenced by his advocate's letter. The court distinguished the authority cited by the defendant, noting that in this case, the defendant had not supplied necessary documents to complete the transaction and had signed the transfer, indicating the contract was still operative. The court...

Court Disposition

Plaintiffs' application for temporary injunction granted with costs.

Orders

  • An order of temporary injunction is issued restraining the defendant by himself or through his agents or servants from breaching or committing any or further breach of the Agreement for Sale to the plaintiffs of L.R. No. 7785/897 Runda, Nairobi or in any way cancelling, purporting to cancel, terminating, retracting...
  • Costs of the application awarded to the plaintiffs/applicants.