Davis Nathan Chelogoi v Noah Mahalang’ang’a Wekesa [2020] KEELC 3685 (KLR)

Facts

The plaintiff, Davis Nathan Chelogoi, owned two parcels of land (plots No. 268 and 269) in Kapkoi/Mabonde Block 1. The defendant, Noah Mahalang’ang’a Wekesa, claimed to have purchased these plots from the plaintiff for Kshs. 12,000,000/=, but the plaintiff disputed this. The defendant admitted to a purchase price of Kshs. 6,000,000/=. The defendant claimed to have obtained a loan of Kshs. 11,800,000/= to purchase the land, but only paid Kshs. 5,800,000/=. The plaintiff sought Kshs. 6,000,000/= as the balance of the purchase price or damages for breach of legitimate expectation.

Issues

1. Whether the sale agreement between the plaintiff and the defendant in respect of the suit properties provided for a purchase price of Kshs. 6,000,000/= or Kshs. 12,000,000/=.
2. Whether the defendant breached the said agreement for sale.
3. Whether the plaintiff is entitled to the reliefs sought in the plaint.
4. Who is liable for the costs of the suit?

Reasoning

The court found that the defendant admitted to the purchase price of Kshs. 6,000,000/=. The defendant admitted to a purchase price of Kshs. 6,000,000/=. The court found that the defendant had breached the agreement by not paying the full purchase price.

Outcome

The plaintiff was awarded Kshs. 6,000,000/= as the balance of the purchase price.