Robai Syalo Lutilo (Suing on her own behalf and on behalf of the Estate of the late Edward Lutile (deceased) & another v Wycliffe Wakoli Simiyu [2019] KEELC 3634 (KLR)

Facts

Plaintiffs purchased plots from the defendant and took possession and developed the properties. The defendant secretly surveyed the property and obtained a certificate of lease in his favor, intending to dispose of it. The plaintiffs claim the defendant breached the sale agreements and seeks an interim injunction.

Issues

1. Whether plaintiffs defrayed the entire consideration
2. Whether there is breach and if so by which party to the agreements
3. Whether plaintiffs occupy the proper plots sold to them by the defendant

Reasoning

The defendant admitted selling plots to the plaintiffs and the plaintiffs relied on agreements and consent to occupy some land. The plaintiffs have established they are in possession of land and have erected rental structures on it, leading to a dispute that should be resolved by the court.

Outcome

Grant of an order of interim injunction to restrain the defendant and his agents from interfering in any manner with title no. Kitale Municipality Block 7/194.

Authorities cited