Isaac Muciri Githinji v David Wainaina Gachoka [2016] KEELC 74 (KLR)
- Court
- Environment & Land Court
- Case number
- 74
- Citation
- [2016] KEELC 74 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment entered against the defendantCoramB.N. OLAO
Holding
The court orders a refund of Ksh. 256,270.00 plus interest at the rate of 50% from the date of the agreement.
Facts
The plaintiff Isaac Muciri Githinji filed a suit against the defendant David Wainaina Gachoka seeking refund of the purchase price and transfer of land. The defendant refused to transfer the land despite the plaintiff paying part of the agreed price.
Issues
- Refund of the purchase price
- Transfer of land
- Interest on the purchase price
Reasoning
The court found that the plaintiff is entitled to the refund of the purchase price and interest, but not the exact amount claimed by the plaintiff due to an error in calculation. The court also found that the plaintiff is entitled to interest on the paid sum.
Outcome
Judgment for the plaintiff
Orders
- Refund of Ksh. 256,270.00 plus interest at the rate of 50% from the date of the agreement
- Costs of this suit
Remedies
- Refund of Ksh. 256,270.00 plus interest
- Costs of the suit
Authorities cited
Legislation (2)
- Land Control Act
- Irrigation Act
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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