Wandemi Developers Limited v Ndegwa (Civil Appeal 217 of 2019) [2025] KECA 431 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 431
- Citation
- [2025] KECA 431 (KLR)
- Decided
- 7 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the High Court at Nairobi (E.O. Obaga, J.) dated 28th June 2018 in ELC No. 666 of 2012CoramP. NYAMWEYA, A.O. MUCHELULE, G.V. ODUNGA
Holding
The court found the sale agreement valid and that Ndegwa performed her part of the contract. The court dismissed the appeal with costs to the respondent.
Facts
Wandemi Developers Limited sold a parcel of land to Mary Wanjiru Ndegwa for Kshs.2,000,000/=. Ndegwa paid a deposit of Kshs.650,000/=. She claimed the sale was valid despite not paying the full purchase price within three months, while the appellant claimed Ndegwa breached the contract by not paying the full price.
Issues
- Validity of the sale agreement
- Rescission of the contract
Reasoning
The court held that the contract was valid and that Ndegwa had paid the balance of the purchase price after the appellant issued a notice of termination, thus the contract was not rescinded.
Outcome
Appeal dismissed with costs to the respondent
Authorities cited
Cases cited (1)
- Housing Company of East Africa Limited -vs- Board of Trustees National Social Security Fund & 2 Others [2018]eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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