Paul Kipkemboi Ngetich v Phelicon Akello Ochola & another [2019] KEELC 4553 (KLR)

Summary at a glance

Facts

The plaintiff claimed ownership of a plot of land based on a sale agreement, but the 2nd defendant was registered as the owner. The plaintiff sought specific performance and damages.

Issues

• Whether the plaintiff is entitled to ownership of the suit property
• Whether the plaintiff is entitled to orders for specific performance against the 2nd defendant

Reasoning

The plaintiff performed his part of the contract and there exists a valid enforceable contract. The 2nd defendant was not a party to the contract, but the plaintiff is entitled to specific performance with the effect that it issues against the 1st defendant.

Outcome

Judgment in favor of the plaintiff

Orders

• The registration of the 2nd defendant as the owner of the land is declared illegal and a nullity.
• The plaintiff is declared the legal owner of the land.
• The 2nd defendant is ordered to transfer the property to the plaintiff.

Remedies

• Specific performance
• Damages

Authorities cited