Cassam & another v Sachania & another (Civil Appeal 63 of 1981) [1982] KECA 1 (KLR) (2 December 1982) (Judgment)

Facts

An agreement for the sale of land was made on January 15, 1980, with the first appellant as vendor and the first respondent as purchaser. The first payment of Kshs 200,000 was made on January 15, 1980, and the second payment of Kshs 200,000 was due on January 31, 1980. The respondents failed to make the second payment, leading to an application for specific performance.

Issues

1. Whether time was of the essence for the second payment
2. Whether the agreement was null and void due to the failure to make the second payment

Reasoning

The court held that the agreement was not null and void due to the failure to make the second payment because time was not specifically made of the essence in the agreement, and it became of the essence only when the respondents' advocates called upon the appellants to perform their obligation to execute a transfer within twenty-one days.

Outcome

Appeal dismissed

Authorities cited