Samson Njuguna Mwaura v Jane Cherotich Mutai [2020] KEELC 1107 (KLR)
- Court
- Environment & Land Court
- Case number
- 1107
- Citation
- [2020] KEELC 1107 (KLR)
The court finds in favor of Samson, awarding him the balance of the purchase price and penalty, and ordering Jane to pay the amounts within 21 days. Jane is granted specific performance and permanent injunction.
Facts
Samson Njuguna Mwaura sold his land to Jane Cherotich Mutai in 2009 for KShs 1,350,000. Jane paid KShs 750,000 and defaulted on the balance. Samson rescinded the agreement and sought an injunction and eviction, while Jane sought specific performance and an injunction.
Issues
- Whether the sale agreement was valid and enforceable.
- Whether Jane is entitled to specific performance and permanent injunction.
- Whether Samson is entitled to the balance of the purchase price and penalty.
Reasoning
The court emphasizes the duty to see to it that a just, expeditious, proportionate, and accessible resolution of disputes is attained and that substantive justice prevails. The court awards the balance of the purchase price and penalty to Samson and grants specific performance and permanent injunction to Jane.
Outcome
In favor of Samson Njuguna Mwaura
Orders
- Samson Njuguna Mwaura’s prayers for orders of injunction and eviction are dismissed.
- Judgment is entered against Jane Cherotich Mutai and in favor of Samson Njuguna Mwaura for: KShs 600,000 being balance of the purchase price, KShs 270,000 being 20% penalty as per the sale agreement.
- The amounts under (b) above to be paid to Samson Njuguna Mwaura within 21 days from the date of delivery of this judgment.
- Upon Jane Cherotich Mutai paying or depositing the amounts under (b) above, Samson Njuguna Mwaura to transfer the parcel of land known as Rongai/Lengenet Block 2/46 (Mawe) to Jane Cherotich Mutai by signing the transfer and all necessary documents and taking all necessary steps to facilitate the transfer within 21 days from the date of payment or deposit.
- A permanent injunction is hereby issued restraining Samson Njuguna Mwaura by himself, his agents or servants from selling, transferring, alienating or in any way whatsoever disposing the parcel of land known as Rongai/Lengenet Block 2/46 (Mawe) to any person other than Jane Cherotich Mutai.
- Considering that both parties are responsible for the situation that led to the filing of the cases and further considering that each party has had some measure of success, I make no order as to costs.
Remedies
- Award of balance of purchase price and penalty to Samson Njuguna Mwaura.
- Grant of specific performance and permanent injunction to Jane Cherotich Mutai.
Authorities cited
Legislation (3)
- Environment and Land Court Act
- Civil Procedure Act
- Constitution of Kenya
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