Tiara Properties Limited v Shadrack Musyoka [2019] KECA 203 (KLR)

Facts

The appellant, Tiara Properties Limited, is the registered proprietor of Nairobi L.R No. 3734/619. The respondent, Shadrack Musyoka, filed a plaint seeking specific performance and a permanent injunction against the appellant, alleging that an agreement of sale was made through an offer letter dated 3rd July 2012.

Issues

1. Whether the learned judge erred in law and fact in failing to hold that the Letter of Offer dated 3rd July 2016 was not capable of being enforced
2. Whether the learned judge erred in law and fact in failing to hold that the proceedings in Nairobi ELC Case No. 660 of 2015 were an abuse of the process of the Superior Court
3. Whether the learned judge erred in failing to strike out the plaint dated 9th July 2015

Reasoning

The court found that the learned judge correctly determined that the terms of the offer letter created a valid and legally binding contract, and that the respondent's action was not an abuse of the process of the Superior Court.

Outcome

Appeal dismissed

Authorities cited