Charles Nyingi Kihugu v James N. Mwangi T/A Elan Traders [2017] KEELC 2575 (KLR)
- Court
- Environment & Land Court
- Case number
- 2575
- Citation
- [2017] KEELC 2575 (KLR)
- Decided
- 27 June 2017
The court finds that the Defendant did not breach the contract and is not liable for the Plaintiff's purchase price. The court orders the Defendant to refund Kshs. 40,000 for processing the title deed.
Facts
The Plaintiff purchased land from the Defendant in 2006, but the Defendant refused to transfer the land to him. The Plaintiff sought a permanent injunction, transfer of the land, or reimbursement of the purchase price.
Issues
- Whether the Defendant breached the contract
- Whether the Plaintiff is entitled to specific performance
Reasoning
The court determined that the Defendant was not under an obligation to transfer the land to the Plaintiff and that the Plaintiff was not entitled to specific performance.
Outcome
Judgment for the Plaintiff in the sum of Kshs. 40,000 with interest, and the Defendant is ordered to refund Kshs. 40,000 for processing the title deed.
Orders
- Order for the Defendant to refund Kshs. 40,000 for processing the title deed
Remedies
- Refund of Kshs. 40,000 for processing the title deed
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