[2010] KEHC 1331 (KLR)
The court found that the plaintiff had paid the full purchase price for the property, had taken possession, and that the transfer documents had been forwarded to his advocates. The dispute over rent arrears was considered a triable issue for later determination. The court held that the plaintiff had established a...
Source-derived case information.
- Citation
- [2010] KEHC 1331 (KLR)
- Parties
- Applicant: Stanley Kepkemboi Kirui Lagat; Respondent: Isaac Matano Kodawa; Respondent: Winfred Mzirai Matano; Respondent: Festo Yongo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 109 of 2010
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- Interim orders in favour of the plaintiff confirmed and upheld until final determination of the suit. Plaintiff awarded costs of the application.
- Legal Topics
- Sale of Land, Specific Performance, Interlocutory Injunctions, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kepkemboi Kirui Lagat
Applicant
Isaac Matano Kodawa
Respondent
Winfred Mzirai Matano
Respondent
Festo Yongo
Respondent
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff has established a prima facie case for the grant of interlocutory orders.
- 2 Whether the plaintiff complied with the terms of the sale agreement for apartment No.D5 on LR.209/4857/36.
- 3 Whether the continued harassment by the defendants over disputed rent arrears justifies court intervention.
Ratio Decidendi
The court found that the plaintiff had paid the full purchase price for the property, had taken possession, and that the transfer documents had been forwarded to his advocates. The dispute over rent arrears was considered a triable issue for later determination. The court held that the plaintiff had established a prima facie case with a probability of success and was entitled to interlocutory protection. Accordingly, the interim orders previously granted were confirmed and upheld until the final determination of the suit, and the plaintiff was awarded costs of the application.
Court Disposition
Interim orders in favour of the plaintiff confirmed and upheld until final determination of the suit. Plaintiff awarded costs of the application.
Orders
- Interim orders issued on 15th March, 2010 in favour of the plaintiff are confirmed and shall remain in force until the final determination of the suit.
- The plaintiff is awarded the costs of this application.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS Civil Suit 109 of 2010
STANLEYKEPKEMBOI KIRUI LAGAT……………………APPLICANT
VERSUS
ISAAC MATANO KODAWA…………………………..1ST RESPONDENT
WINFRED MZIRAI MATANO…………….………….2ND RESPONDENT
FESTO YONGO………………………………………….3RD RESPONDENT
RULING
The plaintiff entered into a Sale Agreement with the 1st and 2nd defendants in respect of a property known as apartment No.D5 errected on LR.209/4857/36 inNairobi.The 3rd defendant in these proceedings was the agent for the 1st and 2nd defendants.The purchase price was 12,500,000/=.
It is the plaintiff’s case that he complied with the terms of the Sale Agreement but the defendants did not and as a result moved to court to protect his interest.
As at the time of hearing this application it was the plaintiff’s case that he had paid the total purchase price due and payable to the 1st and 2nd defendant, and in fact transfer documents had been forwarded to his advocates but the defendants continue to harass him because of some arrears of rent which are in dispute.
It may not be appropriate to delve any deeper on the issue of rent in this dispute because, that may be a triable issue if this matter is not be settled.Suffice to say, the plaintiff having paid the total purchase price of the said property, having taken possession of the same and the documents having been forwarded to his advocates in respect of the said property, he has established a prima facie case with a probability of success and that he is entitled to the orders sought.
On15th March, 2010this court issued interim orders in favour of the plaintiff against the defendants herein which orders are still in place.To avoid any prejudice I shall not comment any further on the pleadings except to uphold and confirm the said orders until the final determination of this suit.The plaintiffs shall have the costs of this application.Orders accordingly.
Dated, signed and delivered atNairobithis 30th day of September, 2010.
A.MBOGHOLI MSAGHA
JUDGE