Mary Akwam Nyantine v Florence Nyaronge & another [2021] KEELC 2265 (KLR)
- Court
- Environment & Land Court
- Case number
- 2265
- Citation
- [2021] KEELC 2265 (KLR)
- Decided
- 28 July 2021
The court held that the sale agreement was valid but deficient as the purchase price was not fully paid.
Facts
The Plaintiff, Mary Akwam Nyantine, claims to have entered into a land sale agreement with the deceased, Henry Mokua Gisege, for a parcel of land measuring 25 feet by 100 feet. The agreement was for a purchase price of Kshs. 380,000/=, with a deposit of Kshs. 200,000/= already paid. The deceased died before the sale was completed, and the Plaintiff seeks an order of specific performance or a refund of the paid amount.
Issues
- Whether there was a valid sale agreement in respect of parcel number WANJARE/NYAMBUNYWA/124 between the Plaintiff and Henry Gisege -deceased.
- Whether the Plaintiff is entitled to an order of specific performance.
Reasoning
The court acknowledged the existence of the sale agreement but noted its deficiency due to the unpaid purchase price.
Outcome
The court dismissed the Plaintiff's claim for specific performance but allowed the Plaintiff to seek a refund of the paid amount.
Remedies
- Refund of Kshs. 240,000/= to the Plaintiff.
- Interest on the refunded amount from November 2008.
Authorities cited
Cases cited (1)
- Thrift Homes Limited v Kenya Investment Limited (2015) eKLR
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