Joshua Mbugua Kinuthia v Erick Tuikong & 2 others [2018] KEELC 384 (KLR)
- Court
- Environment & Land Court
- Case number
- 384
- Citation
- [2018] KEELC 384 (KLR)
- Decided
- 15 November 2018
The plaintiff cannot succeed in his claim for the difference in price between the two plots as there is no written contract indicating that the defendants were to pay this sum.
Facts
The plaintiff purchased a plot of land from the defendants, who acted as land brokers. The plaintiff did not pay the full purchase price and the plot was repossessed by the owner. The defendants then facilitated a second sale of a different plot at a higher price, but the plaintiff claimed the difference in price as damages.
Issues
- Whether the plaintiff can enforce a claim for the difference in price between the two plots.
- Whether the defendants breached the first agreement by not paying the balance of the purchase price.
Reasoning
The plaintiff did not show a written contract where he agreed with the defendants that they would make good the difference between the purchase price of Kshs. 560,000 and the Kshs. 150,000 that they had deposited on his behalf.
Outcome
The plaintiff’s suit is dismissed.
Loading judgment…