Arnold Wabwile Lutalala v Peter Sane Lepatai [2018] KEELC 472 (KLR)
- Court
- Environment & Land Court
- Case number
- 472
- Citation
- [2018] KEELC 472 (KLR)
- Decided
- 18 December 2018
The Court held that the Plaintiff is entitled to specific performance of the Sale Agreement, as the Defendant breached the terms of the Law Society Conditions of Sale and continued to receive the purchase price.
Facts
The Plaintiff filed a suit against the Defendant for permanent injunction, transfer of land, and costs, claiming the Defendant breached a Sale Agreement. The Defendant denied breaching the agreement and claimed the Plaintiff was the one who breached it.
Issues
- Who breached the terms of the Sale Agreement dated the 30th September 2009.
- Whether the Plaintiff is entitled to the orders sought.
Reasoning
The Court found that the Defendant breached the Sale Agreement by failing to adhere to the Law Society Conditions of Sale and continued to receive the purchase price. The Plaintiff paid the full purchase price and was not in occupation of the land.
Outcome
The Plaintiff is entitled to specific performance of the Sale Agreement.
Orders
- Specific performance of the Sale Agreement
Remedies
- Specific performance of the Sale Agreement
Authorities cited
Legislation (1)
- Land Control Act
Cases cited (3)
- GITANGA MWANIKI, ONESMUS MWANIKI GICHUIRU –VS- ANNUNCIATA WAITHAKA KIBUE (541/2009)
- SAMUEL KIRUBI NJUKI –VS- MAGARET WANGARI MACHARIA ELC NO. 14/2014 J, OMMWAYO
- KARIUKI –VS KARIUKI
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