Peter Kirimi Mwindi v Dorothy Seyanol Moschion [2022] KEELC 192 (KLR)
- Court
- Environment & Land Court
- Case number
- 192
- Citation
- [2022] KEELC 192 (KLR)
- Decided
- 21 April 2022
The Plaintiff is awarded Kshs. 7,618,880/=. The Plaintiff's claim for general damages for breach of contract is disallowed. The Plaintiff is awarded costs of the suit. Interest is awarded on the sum of Kshs. 7,618,880/- at court rates from the date of filing suit until payment in full.
Facts
The Plaintiff, Peter Kirimi Mwindi, entered into a written agreement with the Defendant, Dorothy Seyanol Moschion, to sell the suit premises for Kshs. 8,500,000/=. The Plaintiff paid Kshs. 7,618,880/=, but the Defendant did not transfer the title to the Plaintiff. The Plaintiff then filed a suit for the refund of the paid amount and general damages.
Issues
- Whether the Plaintiff is entitled to the claim of Kshs. 7,618,880/=.
- Whether the Plaintiff is entitled to the claim for general damages for breach of contract.
- Whether the plaintiff is entitled to the costs of the suit.
Reasoning
Special damages must be specifically pleaded and proved. General damages are not awarded in cases of breach of contract. Costs follow the cause. The Plaintiff did not provide a valid basis for interest claims.
Outcome
The Plaintiff is awarded Kshs. 7,618,880/=. Costs are awarded to the Plaintiff. Interest is awarded on the sum of Kshs. 7,618,880/- at court rates from the date of filing suit until payment in full.
Orders
- Award of Kshs. 7,618,880/=
- Award of costs of the suit
- Award of interest on the sum of Kshs. 7,618,880/- at court rates from the date of filing suit until payment in full.
Authorities cited
Cases cited (7)
- Hahn Vs Singh (1985) KLR 716
- Consolata Anyango Ouma Vs South Nyanza Sugar Company Ltd (2015) eKLR
- Kenya Industrial Estates Ltd v Lee Enterprises Ltd NRB CA Civil Appeal No. 54 of 2004 [2009] eKLR
- Standard Chartered Bank Limited v Intercom Services Ltd & Others NRB CA Civil Appeal No. 37 of 2003 [2004] eKLR
- Coast Bus Service Ltd v Sisco Murunga Ndanyi & 2 others, NRB CA Civil Appeal No. 192 of 92 (UR)
- Charles C. Sande v Kenya Co-operative Creameries Ltd, NRB CA Civil Appeal No. 154 of 1992 (UR)
- Jane Wanjiku Wambu Vs Anthony Kigamba Hato & 3 Others (20180 eKLR)
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