[2018] KEELC 132 (KLR)
The court found that the plaintiffs had paid the purchase price in accordance with the contract, but the defendant failed to provide the lease, prompting the plaintiffs to file the suit. The defendant only availed the lease after the suit was filed and did not contest the plaintiffs' evidence. As a result, the court...
Source-derived case information.
- Citation
- [2018] KEELC 132 (KLR)
- Parties
- Applicant: Susan Kagwiria Ringera; Applicant: Diana Makena Ringera; Defendant: Nantie Homes Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 191 of 2017
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- judgment for the applicants; costs awarded against the defendant
- Judges
- BM Eboso
- Legal Topics
- Breach of Contract, Failure to Deliver Lease, Property Purchase Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Kagwiria Ringera
Applicant
Diana Makena Ringera
Applicant
Nantie Homes Limited
Defendant
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the defendant's failure to provide the lease after payment of the purchase price entitled the plaintiffs to relief.
- 2 Whether the plaintiffs are entitled to costs incurred due to the defendant's default.
Ratio Decidendi
The court found that the plaintiffs had paid the purchase price in accordance with the contract, but the defendant failed to provide the lease, prompting the plaintiffs to file the suit. The defendant only availed the lease after the suit was filed and did not contest the plaintiffs' evidence. As a result, the court held that the plaintiffs were entitled to recover the legal costs incurred due to the defendant's default, and judgment for costs was entered in their favour.
Court Disposition
judgment for the applicants; costs awarded against the defendant
Orders
- Judgment for costs in favour of the plaintiffs/applicants against the defendant/respondent.
- Costs to be taxed by the taxing officer of the court as prescribed by law.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 191 OF 2017(OS)
SUSAN KAGWIRIA RINGERA.........................................1ST APPLICANT
DIANA MAKENA RINGERA............................................2ND APPLICANT
=VERSUS=
NANTIE HOMES LIMITED............................................1ST DEFENDANT
JUDGMENT
1. The plaintiffs’ evidence is that the issue which prompted them to take out the Originating Summons herein was the respondent’s failure to provide them with the lease despite paying purchase price in tandem with the contract. Upon filing the suit, the respondent moved to register and avail the lease. The plaintiffs’ evidence is that they incurred legal costs as a result of the respondent’s default. There is no controverting evidence against the plaintiffs’ evidence.
2. Consequently, the court hereby enters judgment for costs in favour of the plaintiffs/applicants against the defendant/respondent.
The same shall be taxed by the taxing officer of the court in the manner prescribed by the law.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF DECEMBER 2018.
B M EBOSO
JUDGE
In the presence of:-
Mr. Gaya holding brief for Mr Nduati for the 1st & 2nd applicants.
June Nafula - Court Clerk