[2016] KEELC 765 (KLR)
The court found that the parties had freely entered into a consent agreement, duly executed by their advocates, settling the dispute by rescinding the sale agreement and providing for a refund of the purchase price. The court adopted the consent as its order, holding that the terms were clear, lawful, and binding....
Source-derived case information.
- Citation
- [2016] KEELC 765 (KLR)
- Parties
- Plaintiff: Vincent Mugambi Ikaiga; Defendant: Esther Njoki Kimathi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 27 of 2016
- Procedural Posture
- Land and Property Suit / Judgment on Consent
- Outcome
- Suit marked as settled by consent; agreement rescinded and refund ordered.
- Legal Topics
- Specific Performance, Breach of Contract, Rescission of Contract, Refund of Purchase Price
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Mugambi Ikaiga
Plaintiff
Esther Njoki Kimathi
Defendant
Procedural Posture
Land and Property Suit / Judgment on Consent
Legal Issues
- 1 Whether the agreement for sale of land parcel ABOGETA/L-CHURE/970 should be specifically performed or rescinded.
- 2 Whether the plaintiff is entitled to a refund of the purchase price and damages for breach of contract.
- 3 Whether an inhibition should be placed on land parcel Abogeta/L-Chure/1675 as security for payment.
Ratio Decidendi
The court found that the parties had freely entered into a consent agreement, duly executed by their advocates, settling the dispute by rescinding the sale agreement and providing for a refund of the purchase price. The court adopted the consent as its order, holding that the terms were clear, lawful, and binding. The inhibition over land parcel Abogeta/L-Chure/1675 was ordered as security for payment, to be lifted upon settlement of the refund. The court declined to award costs, ordering each party to bear their own, in line with the consent. The judgment thus rests on the enforceability of consent orders and the parties' mutual agreement to resolve the dispute without further litigation.
Court Disposition
Suit marked as settled by consent; agreement rescinded and refund ordered.
Orders
- The defendant shall refund the plaintiff Kshs. 400,000 on or before 31st August, 2016.
- The agreement for the sale of land dated 20th January, 2014 is rescinded.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
CASE NO 27 OF 2016
VINCENT MUGAMBI IKAIGA......................................................PLAINTIFF
VERSUS
ESTHER NJOKI KIMATHI.........................................................DEFENDANT
J U D G M E N T
1. The Plaintiff in his Plaint dated 18th April, 2016 seeks Judgment against the Defendant for:-
i.An Order for specific performance of the agreement dated 20. 01. 2014 for transfer of land parcel Number ABOGETA/L-CHURE/970 to the Plaintiff or in the alternative refund of the purchase price.
ii.Damages for breach of contract.
iii.Costs of the suit.
iv.Any other relief.
2. On 10/05/2016, the parties proffered a Consent which they asked the Court to adopt as its order. The Consent, dated 10/05/2016, is in the following terms:-
“ Kindly record the following Consent:
By consent of the parties and their respective Advocates this matter be marked as settled in the following terms:
a.The Defendant shall refund the Plaintiff a sum of Kshs. 400,000 on or before 31st August, 2016 being the purchase price already paid to her and the agreement for the sale of land dated 20th January, 2014 between the parties herein shall be rescinded henceforth.
b.As security for payment of the sum of Kshs. 400,000 an order of inhibition be placed over land parcel Number Abogeta/L-Chure/1675 which inhibition shall be lifted immediately the sum of Kshs. 400,000 is paid.
c.All inhibitions registered against land parcel number Abogeta/L-Chure 1676 and 1677 be lifted forthwith.
e.The matter be mentioned on 1st September, 2016 to confirm compliance.
e.The consent be adopted as an order of the court.
3. I am satisfied that the Consent has been properly executed by the Advocates representing the parties. The terms of the Consent have been read out to the parties who have intimated concurrence.
4. The Consent is hereby adopted as an order of this Court.
5. In terms of paragraph b of the Consent, it is ordered that an inhibition be placed against land parcel Number Abogeta/L-CHURE/1675 which inhibition shall be lifted immediately the sum of Kshs 400. 000/= is paid to the Plaintiff.
6. Parties to bear own Costs.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 19TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
CC: Lilian/Daniel
Mutuma for Defendant
Mwirigi h/b Ringera for Plaintiff
P.M.NJOROGE
JUDGE