Waita v Venture Holdings Limited (Environment & Land Miscellaneous Case 4 of 2016 & Miscellaneous Application 5, 10, 13 & 85 of 2016 (Consolidated)) [2023] KEELC 20372 (KLR) (21 September 2023) (Judgment)

Summary at a glance

Facts

The Applicant purchased a property known as Apartment No. B8, but the transfer to her name was delayed due to circumstances beyond the Respondent's control. The Respondent claimed the delay was due to the failure of the Vendor to transfer Subdivision A.

Issues

• Is the Respondent in breach of the Sale Agreement?
• Who is to bear the costs of the suit?

Reasoning

The Court determined that the Respondent's delay in transferring the property to the Applicant's name was a fundamental breach of the Sale Agreement.

Outcome

Appeal dismissed, original judgment affirmed

Orders

• Judgment in favor of the Applicant for Kshs 13,488,410.00
• Judgment for Beatrice Akinyi Migoye for Kshs 13,488,410.00
• Judgment for Chege Phares Thumbi and Christopher Theriki Echaria for Kshs 26,951,000.00
• Judgment for Maria Njeri Matubia for Kshs 13,500,000.00
• Judgment in favor of Rose Mbarari Karingi for Kshs 13,488,410.00
• Upon payment, recipients to hand over vacant possession to the Respondent

Remedies

• Payment of Kshs 13,488,410.00 to the Applicant within 90 days
• Handover of vacant possession to the Respondent upon payment

Authorities cited