Sarah Njuhi Mwenda & another v Luka Njararuhi Kamau & others [2019] KEELC 1043 (KLR)
- Court
- Environment & Land Court
- Case number
- 1043
- Citation
- [2019] KEELC 1043 (KLR)
- Decided
- 30 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramJ M MUTUNGI, S OKONG’O
Holding
The contract of sale was lawfully rescinded by the defendants, and the plaintiff is ordered to vacate the property.
Facts
The plaintiff claimed to have purchased a property from the defendants, but the defendants claimed the contract was rescinded due to the plaintiff's failure to complete the sale. The plaintiff's father had signed a contract of sale in 1983, but the plaintiff claimed the contract was never rescinded.
Issues
- Whether the plaintiff has proved his case on a balance of probabilities.
- Whether the contract of sale was lawfully rescinded by the defendants.
Reasoning
The plaintiff failed to prove his case on a balance of probabilities, and the defendants are entitled to liquidated damages and nominal damages for loss of user.
Outcome
Appeal dismissed
Orders
- The plaintiff's suit is hereby dismissed.
- The defendants are awarded Kshs.59,500/= being liquidated damages together with interest at court rates from the date of judgment.
- The defendants are awarded Kshs.200,000/= general damages for loss of user together with interest at court rates from the date of judgment.
- The plaintiff is ordered to vacate and deliver vacant possession of LR No.4953/4/71 Thika to the defendants within the next 60 days from the date of judgment failing which the defendants shall be entitled to an order of eviction of the plaintiff on application.
- The costs of the suit and the counterclaim are awarded to the defendants.
Remedies
- Vacant possession of the property
- Nominal damages for loss of user
- Interest on damages and costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…