Dorothy Margaret Wanjiku Kung’u v Akash Himatlal Dodhia & another [2021] KECA 1034 (KLR)

Facts

The appellant, Dorothy Margaret Wanjiku Kung’u, is the executrix of her late husband’s estate. She entered into a sale agreement with the 1st respondent, Akash Himatlal Dodhia, for the sale of a property (L.R. No. 7741/442) which forms part of the deceased’s estate. The appellant did not complete the sale transaction, leading to a suit filed by the 1st respondent.

Issues

1. Whether the learned judge erred in law in holding that the appellant had capacity to enter into the sale agreement with the 1st respondent and finding that they were clear on the subject matter of the agreement.
2. Whether the learned judge erred in law in holding that the appellant was in breach of the sale agreement.
3. Whether the learned judge erred in law in ordering specific performance of the contract of sale.

Reasoning

The court held that the contract was capable of performance and that specific performance was enforceable. The appellant’s argument against specific performance was dismissed.

Outcome

Appeal dismissed with costs to the 1st respondent.

Authorities cited