Tebere Concrete Company Limited v Gichuhi & another (Environment & Land Case 70 of 2017) [2022] KEELC 3021 (KLR) (3 June 2022) (Judgment)

Summary at a glance

Facts

Tebere Concrete Company Limited filed a suit against Dickson Macharia Gichuhi and Moses Ndungu Mungai regarding a sale agreement dated 25th February, 2012 for the suit property, which was under adjudication at the time.

Issues

• Whether the Sale Agreement was legally and validly rescinded.
• Whether the suit is proper and sustainable.
• Whether the 1st defendant is entitled to the prayers sought in the counterclaim.
• Whether the 2nd defendant is entitled to the prayers sought in the counterclaim.
• Who will bear the costs of this suit.

Reasoning

The court found that the sale agreement was not legally and validly rescinded due to the absence of a completion date and the lack of a condition allowing rescission. The court also ruled on the counterclaims and costs.

Outcome

The plaintiff was declared the owner of the property, and the defendant was ordered to remove the perimeter fence at the plaintiff's expense.

Orders

• A declaration that the plaintiff is the owner of P/NO. 1617 Wachoro.
• An order requiring the defendant to remove the perimeter fence on the plaintiff's property.
• Alternatively, an order that the plaintiff do remove the said perimeter fence at the defendant's expense.
• An injunction against the defendant from entering, remaining in or interfering with the plaintiff's quiet possession and title to P/No. 1617 Wachoro.
• General damages for trespass.

Remedies

• Removal of the perimeter fence at the plaintiff's expense.
• General damages for trespass.