Wabwire v Kamuren (Sued in His Own Capacity and as the Legal Representative of the Estate of Agnes Jebet Kamuren -Deceased) (Environment & Land Case 477 of 2016) [2024] KEELC 1293 (KLR) (7 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1293
- Citation
- [2024] KEELC 1293 (KLR)
- Decided
- 7 March 2024
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramA. O. OMBWAYO
The court grants damages for breach of contract, orders the defendant to refund the purchase price, and disallows the plaintiff's other claims.
Facts
The plaintiff, Scholastica Wabwire, purchased a parcel of land known as Unsurveyed Residential Plot No. 19 from the defendant, Kenneth Kiptala Kamuren, in 2002. The defendant failed to procure a Certificate of Lease in the plaintiff's name, and the plaintiff claims breach of contract, trespass, and damages.
Issues
- Ownership of the land
- Compensation for breach of contract
- Refund of purchase price
- Eviction of the defendant
Reasoning
The court finds that the plaintiff is the lawful owner of the land and grants damages and a refund, but denies the plaintiff's request for eviction and specific performance.
Outcome
Appeal upheld, judgment affirmed
Orders
- Damages of Kshs500,000
- Refund of Ksh120,000 with interest
- Half costs of the suit to the plaintiff
Remedies
- Damages
- Refund of purchase price
Authorities cited
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