Jamal Mohamed Jillo v Josephat Macharia Wanjeri & another [2017] KEELC 1900 (KLR)
- Court
- Environment & Land Court
- Case number
- 1900
- Citation
- [2017] KEELC 1900 (KLR)
- Decided
- 15 September 2017
The court declares that the plaintiff is the owner of the property and orders the defendants to hand over vacant possession within 30 days. The plaintiff is entitled to the balance of the purchase price and costs of the suit.
Facts
The plaintiff, Jamal Mohamed Jillo, purchased a property known as Plot No. H-70 Mathare Valley from the defendants, Josephat Macharia Wanjeri and Peter Mwangi Wanjiru, through an agreement for sale dated 22nd May 2013. The defendants received a deposit of Kshs. 1.6 million and a balance of Kshs. 1 million, but failed to transfer vacant possession of the property to the plaintiff.
Issues
- Whether the plaintiff is the rightful owner of the property
- Whether the defendants are in breach of the agreement for sale
Reasoning
The plaintiff proved that he performed his part of the agreement and the defendants failed to fulfill their obligations. The court granted specific performance of the agreement.
Outcome
For the plaintiff
Orders
- Declaration that the plaintiff is the owner of the property
- Order for the defendants to hand over vacant possession within 30 days
- Order for the plaintiff to pay the balance of the purchase price within 30 days
- Order for the plaintiff to have the costs of the suit
Remedies
- Declaration of ownership
- Eviction order
- Payment of balance of purchase price
- Costs of the suit
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