Peter Pererua ole Ntururu v Josephine Renoi Sankei [2020] KEELC 2527 (KLR)
- Court
- Environment & Land Court
- Case number
- 2527
- Citation
- [2020] KEELC 2527 (KLR)
- Decided
- 6 May 2020
Summary at a glance
TypeLand DisputePostureAppeal from a previous decision in the Environment and Land CourtCoramMohammed Kullow
The lease agreement was not breached, and the Plaintiff is not entitled to damages. The counterclaim for the value of destroyed sugar cane is dismissed.
Facts
The Plaintiff filed a plaint seeking to rescind, terminate and avoid a lease agreement with the Defendant due to a material breach by the Defendant. The Plaintiff also sought a permanent injunction and damages. The Defendant counterclaimed for damages for the destruction of her sugar cane.
Issues
- Rescission and termination of the lease agreement
- Permanent injunction against the Defendant
- Damages for breach of contract
Reasoning
The Plaintiff failed to collect a deposit due to his own negligence, and there was no evidence linking him to the destruction of the cane.
Outcome
The Plaintiff's claims for rescission, termination, and damages are dismissed. The Defendant is ordered to release kshs. 150,000 to the Plaintiff.
Orders
- Ordering the release of kshs. 150,000 to the Plaintiff
Remedies
- Damages for breach of contract
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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