Samuel Murigi Waigwa Francis Babu Mwangi [2021] [2021] KEELC 517 (KLR)

Summary at a glance

Facts

The appellant sold land to the respondent for Kshs 2,800,000, but only paid Kshs 1,000,000. The respondent demanded the balance, but the appellant deducted Kshs 713,493 from the balance to settle an invoice. The respondent then rescinded the sale agreement.

Issues

• Whether the appellant breached the sale agreement
• Whether the remedy of rescission was available to the respondent
• What remedy, if any, was available to the respondent
• What orders should be made in relation to costs
• What disposal orders should be made

Reasoning

The court re-evaluated the evidence and found that the appellant breached the agreement by failing to pay the balance. The respondent was entitled to rescission due to the appellant's breach.

Outcome

Affirmed

Orders

• Set aside the disposal orders of the trial court
• Award the respondent Kshs 1,800,000 as the balance of the purchase price
• Award interest on the above sum at court rate from the date of filing suit till payment in full
• Award costs of the suit to the respondent
• Award costs of the appeal to the appellant

Remedies

• Rescission
• Award of balance of purchase price
• Interest on the above sum
• Costs of the suit