Koinange Investments and Development Co Ltd v Ngethe & 3 others (Sued as the personal representatives of the Estate of Robert Nelson Ngethe (Deceased)) (Civil Application E380 of 2022) [2023] KECA 104 (KLR) (3 February 2023) (Ruling)

Facts

The case involves a 35-year-old dispute over an option to purchase contract between Robert Nelson Ngethe (deceased) and Koinange Investments and Development Co Ltd. The deceased did not exercise the option within the agreed period, and the property has not been sub-divided.

Issues

1. ordering specific performance of the option to purchase contract
2. ordering payment of the purchase price
3. dismissing the applicant's appeal and application to set aside the judgment
4. dismissing the applicant's application to amend its statement of defence and counter-claim

Reasoning

The court held that the applicant's appeal is not arguable and dismissed it, as the previous decisions have determined the dispute with finality. The court also found that the applicant's application to set aside the judgment was previously dismissed and upheld by the Court of Appeal.

Outcome

The applicant's application for a stay of execution of the High Court judgment was dismissed.

Authorities cited