Osiemo & another v Onchangu & 2 others (Environment & Land Case 58 of 2013) [2022] KEELC 111 (KLR) (26 May 2022) (Judgment)

Facts

A sale agreement was made between Alex Nyamweya Osiemo and Gladys Kwamboka Onchangu, with the purchase price to be paid by depositing it in the account of the Land Registrar, Co-operative Bank of Kenya Ltd. The 1st Defendant, Onchangu, claimed to have paid the purchase price but the 1st Plaintiff, Osiemo, denied this. The 1st Defendant also allegedly trespassed on the land.

Issues

1. Whether the 1st Defendant paid the purchase price in the mode described in the sale agreement
2. Whether the 3rd Defendant breached the bank client advisory duty by releasing the suit property to the 1st Defendant
3. Whether there is sufficient evidence to prove that the 3rd Defendant withdrew money from the account of the 2nd Plaintiff
4. Whether the transfer process was fraudulent
5. Whether the 1st Defendant is entitled to special damages and general damages for trespass

Reasoning

The court found that the purchase price was deposited into the 2nd Plaintiff's account as per the agreement, and the bank's actions were not in breach of its duty.

Outcome

Affirmed the original judgment

Authorities cited