John Mwaura Thuo v Dickson Ngugi; Creswell, Mann & Dod Advocates & another (Interested parties) [2021] KEELC 1716 (KLR)
- Court
- Environment & Land Court
- Case number
- 1716
- Citation
- [2021] KEELC 1716 (KLR)
The court declared the plaintiff as the legal and equitable owner of the land and ordered the delivery of all completion documents held by the defendant's firm. The defendant's firm was released from their professional undertaking.
Facts
The plaintiff entered into a series of agreements with the defendant for the purchase of land, with the final agreement for the sale of 50 acres for Kshs.35,000,000. The plaintiff paid Kshs.20,000,000 and Kshs.10,000,000 was to be financed by Barclays Bank. The plaintiff completed the purchase and was in possession of the land, but the financing was delayed due to the vendor's objection to the sale.
Issues
- Ownership of the land
- Delivery of completion documents
- Release from professional undertaking
Reasoning
The court found that the plaintiff had completed the purchase and was in possession of the land, despite the delay in financing. The court declared the plaintiff as the legal and equitable owner.
Outcome
Plaintiff's claims upheld
Orders
- Declaration of ownership
- Delivery of documents
- Release from professional undertaking
Remedies
- Declaration of ownership
- Delivery of documents
- Release from professional undertaking
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