Pius Francis Omweri Nyaberi v Shadrack K. Kiptugen [2017] KEELC 2452 (KLR)
- Court
- Environment & Land Court
- Case number
- 2452
- Citation
- [2017] KEELC 2452 (KLR)
- Decided
- 28 June 2017
Summary at a glance
TypeLand DisputePostureAppeal from a decision of the Lower CourtCoramA. OMBWAYO
The appeal is dismissed with costs.
Facts
The appellant claimed that the respondent sold two parcels of land to him for Kshs.4,180,000, but the respondent transferred the land to third parties. The appellant sought a refund of Kshs.665,000 and interest.
Issues
- Who breached the agreement?
- What are the consequences of the breach?
Reasoning
The appellant failed to pay the balance of the purchase price and failed to prove that the respondent frustrated his efforts to fulfill his part payment.
Outcome
Appeal dismissed
Authorities cited
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