Kenya Case Law

Rimber v Unifresh Exotics (K) Limited

Rimber v Unifresh Exotics (K) Limited [2025] KEELC 4917 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 427 of 2017

Judge

SM Kibunja

The court found that the defendant breached both the principal and supplemental agreements by failing to pay the full purchase price for the suit property despite extensions and notices. The supplemental agreement expressly provided for forfeiture of all sums paid in the event of breach, superseding the earlier provision for refund of amounts above the deposit. The defendant's allegations of frustration were unsupported by evidence and thus rejected. The plaintiff's claim for damages failed for lack of specific pleading and proof, and the claim for mesne profits was denied due to unreliable e…

Source excerpt

• Breach Of Contract
• Sale Of Land
• Mesne Profits
• Forfeiture Of Deposit
• Specific Performance

Kobilo Farm Limited & another v Elfam Limited; Commodities Fund (Interested Party)

Kobilo Farm Limited & another v Elfam Limited; Commodities Fund (Interested Party) [2024] KEELC 1567 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 24 of 2020

Judge

EO Obaga

The court held the buyers breached a land sale by failing to pay the balance, upheld rescission, ordered a refund less forfeited deposit, and awarded trespass damages.

• Sale Of Land
• Specific Performance
• Breach Of Contract
• Rescission Of Contract
• Damages For Trespass
• Forfeiture Of Deposit

Indar Singh Limited v Star Times Media Co Limited

Indar Singh Limited v Star Times Media Co Limited [2024] KEELC 525 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E052 of 2020

Judge

AA Omollo

The court found that the lease agreement, though lacking an express termination clause, contained the phrases 'sooner determination' and 'earlier determination', which, as interpreted by the Court of Appeal, allowed for termination before the expiry of the fixed term. The correspondence between the parties, particularly the plaintiff's letter of 4th March 2020 and the defendant's acceptance on 5th May 2020, evidenced mutual consent to terminate the lease. The defendant's vacation of the premises and subsequent renovations were in line with the agreed terms. The plaintiff's refusal to accept t…

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• Lease Termination
• Rent Arrears
• Breach Of Contract
• Forfeiture Of Deposit

Mwangale v Trust Bank Ltd (In Liquidation) & 3 others

Mwangale v Trust Bank Ltd (In Liquidation) & 3 others [2023] KECA 713 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 316 of 2018

Judges

DK Musinga, PO Kiage, S ole Kantai

The Court of Appeal upheld rescission of a land sale agreement, found the auction purchasers lawfully acquired title, and dismissed both the appeal and cross-appeal.

• Rescission Of Contract
• Specific Performance
• Statutory Power Of Sale
• Forfeiture Of Deposit
• Lis Pendens
• Mesne Profits

General Properties Limited v Saika Two Estate Developers Limited

General Properties Limited v Saika Two Estate Developers Limited [2021] KEELC 1231 (KLR)

Court

Environment and Land Court

Case number

? 209 of 2019

Judge

CJ Kendagor

The court found that the defendant breached the agreement for sale by failing to pay the balance of the purchase price within the stipulated period, even after extensions and completion notices. The agreement expressly provided for forfeiture of the 10% deposit as liquidated damages in the event of default by the purchaser. The defendant's allegations of misrepresentation and fraud were unsubstantiated, unproven, and unsupported by evidence, as the defendant neither attended court nor filed submissions. The court emphasized that contracts must be enforced as written and courts cannot imply te…

Source excerpt

• Sale Of Land
• Breach Of Contract
• Forfeiture Of Deposit
• Removal Of Caveat
• Misrepresentation
• Specific Performance

Kent Libiso & Itronix Limited v Cirkon Trust Co. Limited, Beaufort Investment Limited, James N Mwangi t/a Elan Traders & Samuel Njuguna Kimani

Kent Libiso & Itronix Limited v Cirkon Trust Co. Limited, Beaufort Investment Limited, James N Mwangi t/a Elan Traders & Samuel Njuguna Kimani [2020] KEELC 1411 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 288 of 2011

Judge

CM Kariuki

The court found that the 1st plaintiff defaulted on the essential term of the sale agreement by failing to pay the balance of the purchase price within the stipulated or mutually extended time. The 1st defendant was entitled to rescind the agreement after issuing a compliant completion notice, and the subsequent sale to the 2nd defendant was valid. The lease and sale agreements were distinct, and the 2nd plaintiff's obligation to pay rent was not discharged by the sale agreement. The injunction of 27th November 2008 did not bar the parties from completing the sale in accordance with the contr…

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• Specific Performance
• Rescission Of Contract
• Bona Fide Purchaser
• Lease Disputes
• Forfeiture Of Deposit

Amina Mohamed Ega v Abdikadir Mohamed Mohamud, Hassan Bulle t/a Hassan Bule & Co.advocates & Registrar of Titles

Amina Mohamed Ega v Abdikadir Mohamed Mohamud, Hassan Bulle t/a Hassan Bule & Co.advocates & Registrar of Titles [2020] KEELC 2498 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1570 of 2014

Judge

EO Obaga

The court found the 1st defendant breached a land sale agreement, upheld forfeiture of the deposit, ordered release of titles and removal of caveats, and awarded damages.

• Breach Of Sale Agreement
• Caveats On Title
• Advocate Lien
• Specific Performance
• Damages For Wrongful Caveat
• Forfeiture Of Deposit

Jennifer Muthoni Morigi,Jane Wanjiku Hiram & Julia Wambui Gakungi (Suing as trustees and officials of Women Trust Housing Welfare Organization) v Homelands Development Investors Ltd

Jennifer Muthoni Morigi,Jane Wanjiku Hiram & Julia Wambui Gakungi (Suing as trustees and officials of Women Trust Housing Welfare Organization) v Homelands Development Investors Ltd [2019] KEELC 2501 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 463 of 2017

Judge

OA Angote

The court dismissed an application to strike out a land dispute suit, finding the purchase price and alleged breach remained triable issues for full hearing.

• Sale Of Land
• Specific Performance
• Repudiation Of Contract
• Forfeiture Of Deposit
• Summary Dismissal
• Triable Issues

Co-operative Bank of Kenya Limited v John Kuria Kimani

Co-operative Bank of Kenya Limited v John Kuria Kimani [2018] KEHC 4581 (KLR)

Court

High Court

Case number

Civil Appeal 47 of 2017

Judge

BT Jaden

The court found that the respondent failed to pay the balance of the purchase price within the contractually stipulated 14 days following the auction. The delay was attributable to the respondent and not to the appellant, as the contract was between the appellant and respondent, and the appellant had no contractual obligation to Family Bank. The professional undertaking from Family Bank was provided after the deadline had expired, justifying the appellant's forfeiture of the deposit and nullification of the sale. The court held that the respondent did not meet the threshold for a temporary in…

Source excerpt

• Injunctive Relief
• Auction Sale Disputes
• Contractual Default
• Forfeiture Of Deposit

Deborah Achieng Aduda & Rene John Dierkx v Florence Seyanoi Kibera also known as Dorothy Seyanoi Moschion

Deborah Achieng Aduda & Rene John Dierkx v Florence Seyanoi Kibera also known as Dorothy Seyanoi Moschion [2018] KEELC 2108 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1047 of 2013

Judge

AK Bor

The Environment and Land Court declined to set aside an ex parte judgment or stay execution, finding no plausible excuse for default and no triable defence.

• Specific Performance
• Sale Of Land
• Setting Aside Judgment
• Breach Of Contract
• Forfeiture Of Deposit
• Setting-aside-judgment