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Kenya decisions
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Catholic Diocese of Nakuru Registered Trustees v Letizia & another [2025] KEELC 3426 (KLR)
The court found the vendors breached a land sale agreement by failing to provide completion documents and ordered refund of the deposit with interest.
Mumo & 3 others v Kamau t/a Nyanduma Horticulture Impex Enterprises [2025] KEELC 3336 (KLR)
The Environment and Land Court ordered transfer of four subdivided plots to the plaintiffs after finding they had paid in full and the defendant gave no defence.
Sumbi & another v Keronya [2023] KEELC 20849 (KLR)
The Environment and Land Court found a valid land sale agreement, held the defendant breached it, and ordered refund of Kshs. 800,000 with interest and costs.
Thuo v Ngugi; Cresswell, Mann & DOD Advocates & another (Interested Parties) [2023] KEELC 20626 (KLR)
The court found the land sale agreement valid, held late payment was accepted by conduct, and granted specific performance plus a declaration of ownership.
Ogolla & 2 others (Suing as Officials of Unimerics Self Help Group) v Unique Sacco Limited & another [2022] KEELC 14983 (KLR)
The court found that although the plaintiffs were not parties to the sale agreement between the 1st and 2nd defendants, the evidence demonstrated that the defendants were aware of the plaintiffs' occupation and purchase of the suit plots, did not object to their presence, and in fact facilitated their occupation and development. The 2nd defendant's failure to transfer the land to the 1st defendant, as required by their agreement, and the 1st defendant's subsequent sale of plots to the plaintiffs, created a situation where the plaintiffs' rights to property were being infringed by the delay in…
Source excerpt
Precepts Holdings Limited v Ngeno Kipyegon Johana [2022] KEELC 2070 (KLR)
The court upheld a land sale agreement, found the buyer had underpaid the deposit, and ordered specific performance with staged completion safeguards.
Lacton Murithi Njoka v Trustees National Social Security Fund [2021] KEELC 1733 (KLR)
The court held that a professional undertaking given for CBK complied with the earlier judgment and ordered release of the completion documents.
Japhet Muriithi Ndegwa v Anderson Kathendu Mwiti [2021] KEELC 3020 (KLR)
The court dismissed a suit for specific performance of a land sale agreement after finding the plaintiff had not paid the full purchase price and no proof of registration was shown.
Lacton Murithi Njoka v Trustees National Social Security Fund [2021] KEELC 4489 (KLR)
The court found a written tenant purchase agreement existed, held the defendant breached it by failing to release completion documents, and granted injunctive relief.
Peter K. Kiplagat & Pamela Njoki Kagau v Telposta Pension Scheme Trustees Registered [2020] KEELC 1160 (KLR)
The court dismissed a land sale dispute, finding the 1st plaintiff breached the agreement by failing to pay the balance. The 2nd plaintiff had no cause of action against the defendant.
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