Lucy Njeri Njoroge v Kaiyahe Njoroge [2015] KECA 960 (KLR)
- Court
- Court of Appeal
- Case number
- 960
- Citation
- [2015] KECA 960 (KLR)
- Decided
- 30 January 2015
The appeal is allowed, the ruling of the Business Premises Tribunal is declared null and void, and the High Court judgment is set aside. The appellant is ordered to pay the balance of the purchase price for specific performance of the sale agreement.
Facts
The respondent and appellant, brother and sister, agreed to sell a half share of the suit property for Kshs. 350,000. The appellant paid Kshs. 210,000, and agreed to pay the balance in two installments. The respondent filed a reference to the Business Premises Rent Tribunal to terminate the tenancy and convert the deposit to rent arrears. The appellant claimed ownership and sought specific performance.
Issues
- Whether the respondent's termination of the tenancy was valid
- Whether the appellant was entitled to specific performance of the sale agreement
Reasoning
The court found the respondent's termination of the tenancy was based on nonexistent tenancy and thus incapable of enforcement. The court ordered specific performance of the sale agreement.
Outcome
Appeal allowed
Orders
- Ruling of the Business Premises Tribunal declared null and void
- High Court judgment set aside
- Order for specific performance of the sale agreement
Remedies
- Payment of the balance of the purchase price
- Order of specific performance
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act
Cases cited (1)
- National Dock Labour Board (supra)
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