Nancy Wanja Waruhiu(Suing as the Legal Representative of the Estate of Njoroge Kaguathi (Deceased) v Trustees of Orthodox Church Karuri [2020] KEELC 591 (KLR)
- Court
- Environment & Land Court
- Case number
- 591
- Citation
- [2020] KEELC 591 (KLR)
- Decided
- 19 November 2020
The Court finds that the Plaintiff has proved her case on the required standard of balance of probabilities and orders the Plaintiff to refund the Defendant Kshs. 500,000/=.
Facts
The Plaintiff, Nancy Wanja Waruhiu, claimed that she is the rightful owner of a portion of land known as Kiambaa/Karuri/T.137, which was sold to the Defendant, Trustees of Orthodox Church Karuri, in 2012. The Plaintiff alleged that the Defendant breached the sale agreement by failing to pay the remaining purchase price and by lodging a restriction against her interest over the property.
Issues
- Whether the sale agreement was valid
- Whether the Plaintiff is entitled to the orders sought
- Who should bear the costs of the suit
Reasoning
The sale agreement was valid and enforceable. The Plaintiff proved that the Defendant breached the agreement by failing to pay the remaining purchase price.
Outcome
The Plaintiff's claim for a permanent injunction and declaration of ownership was denied. The Plaintiff was ordered to refund the Defendant Kshs. 500,000/=.
Orders
- A declaration that the Plaintiff is the rightful and legal owner of all that parcel of land known as Kiambaa/Karuri/T.137.
- A declaration that the sale of a portion measuring 33.3 by 100” from all that parcel of land known as Kiambaa/Karuri/T.137, as illegal and hence null and void ab initio.
- A declaration that the Defendant is in breach of sale agreement dated 12 th December, 2012 for sale of all that parcel of land known as Kiambaa/Karuri/T.137, as illegal and hence null and void ab initio.
- A declaration that the sale of a portion measuring 33.3 by 100” from all that parcel of land known as Kiambaa/Karuri/T.137, as illegal and hence null and void ab initio.
- General Damages for breach of agreement.
- Costs and Interests of this suit.
Remedies
- Refund of Kshs. 500,000/= to the Defendant by the Plaintiff.
Authorities cited
Legislation (2)
- Contract Act
- Auctioneers Act
Cases cited (1)
- Nelson Kivuvani....Vs....Yuda Komora & Another, Nairobi HCCC No.956 of 1991
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