Japeth Anami Ngaira v Catherine Khakasa Cheng’oli [2017] KEELC 1212 (KLR)
- Court
- Environment & Land Court
- Case number
- 1212
- Citation
- [2017] KEELC 1212 (KLR)
- Decided
- 28 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSpecific PerformancePostureOriginal TrialCoramE.O.OBAGA
Holding
The plaintiff did not meet his part of the bargain and cannot seek specific performance of the agreement.
Facts
The plaintiff and defendant entered into an agreement for the sale of a flat. The plaintiff paid a deposit and four banker's cheques, totaling Kshs.2,320,000. The defendant claimed the purchase price was increased by Kshs.400,000, but no evidence was provided.
Issues
- Was there a breach of the agreement?
- Was there an increase in the purchase price?
Reasoning
The plaintiff failed to pay the balance of the purchase price within the set timelines. The defendant provided no credible evidence of a meeting where the purchase price was increased.
Outcome
The plaintiff's case fails and the suit is dismissed with costs to the defendant.
Authorities cited
Cases cited (1)
- Wambugu v Njuguna (1983) KLR 172
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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