Shyanguya & another v Mitei (Environment and Land Case Civil Suit 378 of 2017) [2023] KEELC 16251 (KLR) (9 March 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16251
- Citation
- [2023] KEELC 16251 (KLR)
- Decided
- 9 March 2023
The Plaintiffs breached the agreement by failing to pay the full purchase price and by not obtaining a financial undertaking from the financiers' lawyers. The Plaintiffs are entitled to a refund of the partly paid purchase price with interest.
Facts
The Plaintiffs (Shyanguya and Malingi) entered into a sale agreement with the Defendant (Mitei) for the purchase of land measuring 0.65 hectares and 0.58 hectares. The Plaintiffs paid a deposit of Kshs 6.2 million, but the Defendant failed to complete the sale and subdivided the land illegally.
Issues
- Which party breached the agreement?
- Whether the remedies sought by the Plaintiffs are available to them? If not, what is available?
Reasoning
The Plaintiffs did not pay the full purchase price and failed to obtain a financial undertaking, which are fundamental breaches of the agreement. The Defendant is responsible for the illegal subdivision of the land.
Outcome
The Plaintiffs are entitled to a refund of the partly paid purchase price with interest.
Orders
- A refund of the partly paid purchase price of Kshs 6,200,000/- with interest at court rates from the date of deposit to the date of refund in full.
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