[2000] KEHC 565 (KLR)
The court found that the plaintiff paid KES 1,406,000 to the defendant as a deposit for a flat that was never constructed. The defendant only repaid KES 200,000 and defaulted on the balance. The court held that the defendant was obligated to refund the remaining deposit since the consideration for the contract...
Source-derived case information.
- Citation
- [2000] KEHC 565 (KLR)
- Parties
- Plaintiff: Jayne Betty Wangechi Mutonga; Defendant: Margaret Muigai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1943 of 1999
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Breach of Contract, Deposit Recovery, Real Estate Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jayne Betty Wangechi Mutonga
Plaintiff
Margaret Muigai
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant failed to construct the flat as agreed and refund the deposit paid by the plaintiff.
- 2 Whether the plaintiff is entitled to judgment for the balance of the deposit paid.
Ratio Decidendi
The court found that the plaintiff paid KES 1,406,000 to the defendant as a deposit for a flat that was never constructed. The defendant only repaid KES 200,000 and defaulted on the balance. The court held that the defendant was obligated to refund the remaining deposit since the consideration for the contract failed. Judgment was therefore entered for the plaintiff as prayed in the amended plaint.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff as prayed in the amended plaint.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 1943 OF 1999. JAYNE BETTY WANGECHI MUTONGA...............................................................................PLAINTIFF VERSUS MARGARET MUIGAI...........................................................DEFENDANT J U D G M E N T
I am satisfied that the Plaintiff paid a sum of Shs.1,406,000 to the Defednatn as a deposit for a flat which the Defendant never built. The Defendant repaid a sum of Shs.200,000 but defaulted on payment of the balance. I therefore give judgemtn ast prayed in the Amended Plaint. Dated and delivered at Nairobi this 12th day of April, 2000. PHILIP J. RANSLEY COMMISSIONER OF ASSIZE.