Petronilla Mweni Manthi & another v Stephen Mbithi t/a Northfields Estate [2018] KEELC 1155 (KLR)
- Court
- Environment & Land Court
- Case number
- 1155
- Citation
- [2018] KEELC 1155 (KLR)
- Decided
- 19 October 2018
The Court allows the Plaintiffs' claim and orders the Defendant to refund the Plaintiffs Kshs. 1,000,000 and pay interest on the amount at court rates from the date of filing the suit until payment in full.
Facts
The Plaintiffs alleged that the Defendant breached an Agreement to sell them six acres of land for Kshs. 2,400,000, and sought specific performance or a refund of the deposit. The Defendant claimed the Plaintiffs breached the Agreement by not facilitating the sub-division of the land.
Issues
- Whether the Defendant breached the Agreement
- Whether the Plaintiffs are entitled to a refund of the deposit
Reasoning
The Court found that the Defendant breached the Agreement by not facilitating the sub-division of the land, and there is no evidence that the Defendant retained a Surveyor for this purpose. The Court also found that the period for obtaining the Land Control Board's consent for sub-division has lapsed.
Outcome
The Plaintiffs' claim is allowed.
Orders
- The Defendant to refund the Plaintiffs Kshs. 1,000,000
- Interest on the above amount to be paid by the Defendant at court rates from the date of filing this suit until payment in full
- The Defendant to pay the costs of the suit
Remedies
- Refund of the deposit
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