Solomon Ndegwa Kuria v Peter Nditu Gitau [2019] KEELC 1508 (KLR)
- Court
- Environment & Land Court
- Case number
- 1508
- Citation
- [2019] KEELC 1508 (KLR)
Summary at a glance
TypeLand Contract DisputePostureAppeal from a judgment of the Environment and Land CourtCoramL. GACHERU
The Court declines to grant specific performance but orders the Defendant to refund the full purchase price of Kshs.10 Million plus a penalty of 25% of the purchase price as per the terms of the Sale Agreement to the Plaintiff.
Facts
The Plaintiff, Solomon Ndegwa Kuria, claimed specific performance of a land sale agreement with the Defendant, Peter Nditu Gitau, for the property known as I.R 23374/62. The Plaintiff alleged that he paid Kshs.10,000,000/= for the property and had substantially developed it, but the Defendant had not transferred the property and had not provided the original Deed Plan.
Issues
- Specific Performance of the sale agreement
- Damages for breach of contract
- Refund of purchase price
- Costs of the suit
- Valuation of the development
Reasoning
The Defendant failed to defend the suit and was in breach of the Sale Agreement. The Plaintiff proved on a balance of probabilities that he paid the purchase price and had developed the property, but the Defendant had not transferred the property and had not provided the original Deed Plan.
Outcome
Judgment for the Plaintiff
Orders
- Order for refund of purchase price
- Order for general damages
- Order for costs of the suit
- Order for an independent valuation of the development
Remedies
- Refund of purchase price
- General damages
- Costs of the suit
- Independent valuation of development
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