Peter Ouma Ang’asa v Charles Jabero Ochieng’ [2018] KEELC 1128 (KLR)
- Court
- Environment & Land Court
- Case number
- 1128
- Citation
- [2018] KEELC 1128 (KLR)
- Decided
- 24 October 2018
The Plaintiff's suit is struck out with no order as to costs due to the defect in the verifying affidavit.
Facts
The Plaintiff sued the Defendant for refund of Kshs. 160,000 and damages for breach of the sale agreement. The Defendant disputed the sale was for the whole parcel and claimed his signature was obtained through misrepresentation.
Issues
- Whether the sale agreement was on 30th November 2010 or 19th July 2011
- Whether the sale agreement was for the whole parcel or a portion thereof
- Whether the sale agreement had a default clause
- Who pays the costs
Reasoning
The court found the sale agreement was initially oral and made on 30th November 2010, not 19th July 2011. The parties reduced the oral agreement to a written one on 19th July 2011. The court also noted the Defendant's deposit of Kshs. 160,000 to the Chief's Office by 17th March 2014, which made further proceedings unnecessary. The Plaintiff's suit was also struck out due to the defect in the verifying affidavit.
Outcome
Defendant's Motion to Strike Plaintiff's Suit Granted
Orders
- Plaintiff's suit against the Defendant is struck out with no order as to costs
Authorities cited
Legislation (1)
- Land Control Act Chapter 302 of Laws of Kenya
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