Paul Kipsang Kosgei & 2 others v Thomas Kprono Magut & another [2014] KEELC 272 (KLR)
- Court
- Environment & Land Court
- Case number
- 272
- Citation
- [2014] KEELC 272 (KLR)
- Decided
- 31 July 2014
The defendants' sale to the plaintiffs was fraudulent, and the plaintiffs' contract with the defendants was frustrated. The plaintiffs are entitled to a refund of the purchase price.
Facts
The plaintiffs, Paul Kipsang Kosgei and Esther Jepchumba Mutai, purchased 1/2 acre of land from Japheth Kosgei Kipkorir. The defendants, Thomas Kiprono Magut and Joseph Kipngeno Tonui, purchased 1/4 acre each from Japheth Kosgei Kipkorir. The plaintiffs then sold the land to the defendants, but the defendants refused to pay the remaining balance. The plaintiffs filed a suit for breach of contract and fraud.
Issues
- Whether the defendants' sale to the plaintiffs was fraudulent.
- Whether the plaintiffs' contract with the defendants was frustrated.
- Whether the plaintiffs are entitled to a refund of the purchase price.
Reasoning
The court found that the defendants coerced the vendor into signing a fraudulent commitment to convey the land, and that the plaintiffs' contract with the defendants was frustrated due to the inability to subdivide the land into smaller plots.
Outcome
The plaintiffs are declared the lawful proprietors of the land parcel, and the defendants are ordered to pay refunds.
Orders
- That the 1st and 2nd plaintiffs, Paul Kipsang Kosgei and Esther Jepchumba Mutai, are hereby declared to be the lawful proprietors of the land parcel Eldoret Municipality/Block 14/215 as against the defendants.
- That the contracts of 8 March 2008 and 14 March 2008 are hereby declared as frustrated. The parties thereto are hereby discharged from their obligations and the only remedy of the defendants is a refund of what was paid under the contract and no more.
- That the defendants do contact Mr. Andrew Tuwai Kiboi the proprietor of M/s Kiboi Tuwai & Company Advocates, and make arrangements to collect their respective refunds of Kshs. 700,000/= and Kshs. 900,000/=
- The defendants shall bear the costs of this suit.
Remedies
- Refund of the purchase price
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