Waningilo v Baraza & another (Environment & Land Case 2 of 2019) [2022] KEELC 3279 (KLR) (11 August 2022) (Judgment)

Summary at a glance

Facts

The plaintiff, Joseph S. Waningilo, claims to have purchased land from the late father of the defendants, Sammy Baraza and Eddaah Baraza, but has not completed the payment as per the agreement. The defendants claim the plaintiff breached the agreement and seek to have the title deed cancelled.

Issues

• Who breached the sale agreement made between the plaintiff and John Barasa Khaoya over the suit land?
• Should the title deed issued in the names of the defendants be cancelled for fraud and the register be rectified to re-reflect the plaintiff as the owner of the suit land?
• Is the plaintiff entitled to specific performance?
• Are the defendants entitled to orders of possession of the suit land?
• What Orders should issue?

Reasoning

The court determined that the plaintiff did not fully comply with the terms of the agreement, thus breaching it. The defendants are found to be the rightful owners of the land.

Outcome

Appeal dismissed

Orders

• The title deed issued in the names of the defendants will not be cancelled.
• The plaintiff will not be granted specific performance.