Bethsaida Resort & Spa Limited v Gauderlot (Civil Appeal 60 of 2020) [2023] KECA 628 (KLR) (26 May 2023) (Judgment)

Facts

The appellant filed a suit against the respondent in the Magistrate's Court at Kwale, seeking a declaration that a sale agreement entered into between them dated August 2, 2017, over land title numbers Kwale/Diani Complex/246 and Kwale/Diani Complex/248 is void and unenforceable. The respondent opposed the suit, claiming that the value of the subject matter was Kshs 45,000,000, while the appellant claimed it was Kshs 4,500,000. The suit was dismissed, and the respondent obtained a certificate of stated costs.

Issues

1. Whether the learned judge misapprehended the value of the subject matter of the suit in determining the instruction fees awardable to the respondent.
2. Whether the learned judge erred in taking the contract price of the suit property as the value of the subject matter.

Reasoning

The Court held that the value of the subject matter was Kshs 45,000,000, as stated in the pleadings, and that the learned judge did not err in determining the instruction fees based on this value.

Outcome

Appeal dismissed

Authorities cited