Sukhdev Singh Mangat v Springwest (K) Limited [2020] KEELC 3046 (KLR)
- Court
- Environment & Land Court
- Case number
- 3046
- Citation
- [2020] KEELC 3046 (KLR)
- Decided
- 28 April 2020
The court grants the plaintiff a declaration that the transfer to the suit property was done irregularly and in breach of the sale agreement, and an order for cancellation of the entry on the title deed to the suit property and transferring the same to the Defendant.
Facts
The Plaintiff and Defendant entered into an agreement for the sale of a parcel of land. The Plaintiff agreed to sell the land, and the Defendant agreed to buy it. The purchase price was Kshs. 850,000 per acre, totaling Kshs. 146,795,000. The Defendant paid a deposit of Kshs. 19,000,000 and was to pay the balance of Kshs. 127,795,000 by February 28, 2015. The Defendant registered the transfer in their favor but failed to pay the balance.
Issues
- Whether the Plaintiff has proved his case
- Whether the transfer of the suit property was done irregularly and in breach of the sale agreement
Reasoning
The Plaintiff has sufficiently proven that the Defendant failed to pay the balance of the purchase price despite registering the transfer in their favor.
Outcome
In favor of the Plaintiff
Orders
- A declaration that the transfer to the suit property was done irregularly and in breach of the sale agreement
- An order for cancellation of the entry on the title deed to the suit property and transferring the same to the Defendant
- The title to the said property to revert to the Plaintiff
Remedies
- Declaration
- Cancellation of entry on title deed
- Reversion of title
Loading judgment…