Butuli Hassan v James Njuguna Njoroge [2016] KECA 286 (KLR)

Facts

The respondent, James Njuguna Njoroge, filed a suit against the appellant, Butuli Hassan, seeking specific performance of a sale agreement dated 27th August, 2005, and an order for the transfer of lease pertaining to the suit property. The appellant, who was the registered owner of the property, agreed to sell the property to the respondent for Kshs. 1.7 million, with the balance of the purchase price to be paid on 7th October, 2005. However, the appellant failed to execute the necessary transfer documents, leading to the respondent's suit.

Issues

1. Specific performance of the sale agreement
2. Execution of transfer documents

Reasoning

The court found that the appellant failed to execute the necessary transfer documents, and thus, the court's judgment was upheld.

Outcome

Appeal dismissed