Sagoo & another v Mwicigi & 3 others (Civil Appeal 410 of 2018) [2022] KECA 83 (KLR) (4 February 2022) (Judgment)

Facts

The 1st respondent, Caroline Njeri Mwicigi, entered into a sale agreement with the appellants, Monohar Singh Sagoo and Surinder Kaur Sagoo, for the sale of her property known as LR 7785/792. The appellants breached the agreement, and the 1st respondent wrote to her lawyer, Kandie Kimutai, complaining of the breach. The 3rd respondent, Kandie Kimutai, issued a 21-day notice of completion to the appellants, who acknowledged receipt. The 1st respondent then instructed Kandie Kimutai to demand the return of her original title documents, but the appellants caused the registration of the transfer to be effected.

Issues

1. Whether the registration of the appellants as proprietors of the suit property is fraudulent and null and void ab initio.
2. Whether the appellants are liable for the breach of the sale agreement and the delay in finalizing the transaction.

Reasoning

The court found that the 1st respondent performed her part of the deal and the delay in finalization was caused by the appellants. The court also noted that the appellants presented the transfer for registration before payment of stamp duty, which was a lapse.

Outcome

Appeal dismissed