Bogani Properties Limited v Fredrick Wairegi Karuri [2015] KEELC 644 (KLR)

Facts

The Plaintiff, Bogani Properties Limited, filed a civil suit against the Defendant, Fredrick Wairegi Karuri, seeking a temporary injunction to restrain the Defendant from dealing with the suit property. The Plaintiff claims the Defendant agreed to sell the property as compensation for a previous sale agreement where the Defendant failed to deliver vacant possession. The Plaintiff has already paid part of the purchase price and is willing to pay the balance.

Issues

1. Plaintiff's failure to file a Board Resolution to institute the suit
2. Lack of Board of Kilifi Land Control Board's consent

Reasoning

The Court found that the Plaintiff's failure to file a Board Resolution did not render the suit non-starter, and the Plaintiff's claim for specific performance and damages was valid.

Outcome

The Plaintiff's Application for a Temporary Injunction and Preliminary Objection was dismissed.