Rusi Chepngetich Bigen v Kemei Kibet Philiph [2018] KEELC 3094 (KLR)
- Court
- Environment & Land Court
- Case number
- 3094
- Citation
- [2018] KEELC 3094 (KLR)
- Decided
- 25 May 2018
Summary at a glance
TypeContract DisputePosturePlaintiff's Ex-parte SuitCoramJ. M. ONYANGO
The Plaintiff is entitled to the contract sum, general damages, costs, and interest on the contract sum and general damages.
Facts
The Plaintiff filed a suit for Kshs. 429,000 and general damages against the Defendant for breach of contract in the sale of land parcel KERICHO/KAPSUSER/5014. The Plaintiff paid the purchase price but the Defendant refused to give vacant possession.
Issues
- Contract Breach
- Refund of Purchase Price
- General Damages
Reasoning
The Plaintiff proved her case on a balance of probabilities and the Defendant breached the agreement by refusing to give vacant possession.
Outcome
Plaintiff's Victory
Orders
- Kshs. 429,000 as the contract sum
- Kshs. 100,000 as general damages
- Costs of the suit
- Interest on the contract sum and general damages at court rates until payment in full
Remedies
- Refund of Purchase Price
- General Damages
- Costs
- Interest
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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