[2019] KEELC 3776 (KLR)

[2019] KEELC 3776 (KLR)

The court found that the defendant breached the sale agreement by failing to complete the transaction and provide a valid title for the land. The plaintiffs, despite not conducting full due diligence prior to payment, were entitled to a refund of the deposit and general damages as the defendant failed to deliver on...

Source-derived case information.

Citation
[2019] KEELC 3776 (KLR)
Parties
Plaintiff: Lydia Wambui Gitau; Plaintiff: Gitonga Kithinji Muriuki; Defendant: Patrick Karimeri Thuku
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
26 March 2019
Case Number
Civil Case 1331A of 2016
Procedural Posture
Civil Case / Judgment
Outcome
judgment for the plaintiffs
Judges
LC Komingoi
Legal Topics
Sale of Land, Breach of Contract, Refund of Purchase Price, Due Diligence, Damages for Breach
Source Language
english
Land and Property Commercial and Corporate Sale of Land Breach of Contract Refund of Purchase Price Due Diligence Damages for Breach

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Parties

Lydia Wambui Gitau

Plaintiff

Gitonga Kithinji Muriuki

Plaintiff

Patrick Karimeri Thuku

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendant breached the sale agreement for the parcel of land.
  2. 2 Whether the plaintiffs are entitled to a refund of the deposit paid and general damages for breach of contract.
  3. 3 Whether the plaintiffs exercised due diligence before entering into the transaction.

Ratio Decidendi

The court found that the defendant breached the sale agreement by failing to complete the transaction and provide a valid title for the land. The plaintiffs, despite not conducting full due diligence prior to payment, were entitled to a refund of the deposit and general damages as the defendant failed to deliver on the contract. The absence of a default clause in the agreement did not absolve the defendant of liability for breach. The plaintiffs' case was uncontroverted, and judgment was entered in their favour for refund of the deposit, general damages, costs, and interest.

Court Disposition

judgment for the plaintiffs

Orders

  • The defendant is ordered to refund to the plaintiffs the sum of Kshs 2,000,000 paid to him.
  • The defendant shall pay the plaintiffs general damages for breach of contract of Kshs 100,000.