Ogla Jemeli Barng’etuny v Shirji Naran Virji [2021] KECA 1035 (KLR)
- Court
- Court of Appeal
- Case number
- 1035
- Citation
- [2021] KECA 1035 (KLR)
- Decided
- 29 January 2021
The court upheld the judgment of the Environment and Land Court, compelling the appellant to specifically perform obligations under the land sale agreement and transfer the property to the respondent.
Facts
The respondent claimed that he entered into a land sale agreement with the appellant dated 28th May 2011, agreeing to purchase half an acre of land for Kshs.3,500,000.00. The appellant agreed to sell half of a parcel of land known as Title Number Eldoret Municipality Block 13/530. The respondent paid the full purchase price but the appellant refused to transfer Title Number Eldoret Municipality Block 13/886 to him.
Issues
- Whether the appellant entered into a land sale agreement with the respondent
- Whether the respondent paid the full purchase price
- Whether the appellant breached the agreement by refusing to transfer the property
Reasoning
The court found that the appellant did not enter into a land sale agreement with the respondent and that the respondent had paid the full purchase price. The court also found that the appellant breached the agreement by refusing to transfer the property.
Outcome
Appeal dismissed
Orders
- Compelling the appellant to specifically perform obligations under the land sale agreement and transfer the property to the respondent
- Restraint of the appellant from interfering with the respondent's title over the property
Remedies
- Compulsory performance of the land sale agreement
- Restraint of interference with the respondent's title
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