Rebecca Wangui Kamau v Peter Kibicho Kagiri & another [2020] KEELC 2678 (KLR)
- Court
- Environment & Land Court
- Case number
- 2678
- Citation
- [2020] KEELC 2678 (KLR)
- Decided
- 12 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment entered in the lower courtCoramJ G KEMEI
Holding
Judgment is varied and replaced with the judgment that the 1st Respondent is liable to refund the sum of Kshs 126,500 in favor of the Appellant and the 2nd Respondent shall indemnify the 1st Respondent to the full extent of the liability.
Facts
The Appellant filed a suit against the 1st Respondent for Kshs 126,500 for the non-transfer of land and non-refund of purchase price. The 1st Respondent claimed the Appellant had not paid the full purchase price and blamed the 2nd Respondent for the default.
Issues
- Contractual duty with the 2nd Respondent
- Liability apportionment in contract
- Judgment against the 2nd Respondent instead of the 1st Respondent
- Award of costs
Reasoning
The 1st Respondent is fully indemnified on account of the judgment against the 2nd Respondent. The 1st Respondent is liable to refund the sum of Kshs 126,500 in favor of the Appellant.
Outcome
Judgment in favor of the Appellant
Orders
- Judgment against the 2nd Respondent to the extent of the sum claimed by the Plaintiff from the 1st Respondent
- Judgment that the 1st Respondent is liable to refund the sum of Kshs 126,500 in favor of the Appellant
- Judgment that the 2nd Respondent shall indemnify the 1st Respondent to the full extent of the liability
- Judgment that the 1st Respondent shall pay the Appellant upfront and seek indemnity from the 2nd Respondent
Remedies
- Refund of Kshs 126,500 to the Appellant
- Indemnity from the 2nd Respondent to the 1st Respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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