Ternic Enterprises Limited v Waterfront Outlets Limited [2018] KECA 764 (KLR)
- Court
- Court of Appeal
- Case number
- 764
- Citation
- [2018] KECA 764 (KLR)
- Decided
- 16 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's ruling on a summary judgment applicationCoramALNASHIR VISRAM, W. KARANJA, M.K. KOOME
Holding
The court found there were triable issues and dismissed the appeal, ordering the appeal to be dismissed with costs
Facts
The appellant and respondent were registered as tenants in common of a property known as L.R No. 209/16717 Nairobi. The appellant agreed to sell its two-thirds shares to the respondent for Ksh 28 million, but the respondent did not pay the deposit and the purchase price. The suit property was later charged to Gulf African Bank Ltd.
Issues
- Whether the agreement for sale was valid and enforceable
- Whether the respondent had paid the purchase price as per the agreement
- Whether the appellant had demonstrated a case of 'money earned and received'
Reasoning
The court found the agreement was valid and the respondent had not paid the purchase price. The court also found the appellant had not demonstrated a case of 'money earned and received'.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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