Onyare v Otwori & another (Appeal E001 of 2022) [2024] KEELC 1461 (KLR) (19 March 2024) (Judgment)

Summary at a glance

Facts

The appellant, Onyare, entered into a sale agreement with the 2nd respondent, Otwori, for three parcels of land. The purchase price was Kshs. 1,400,000/=, with Kshs. 200,000/= paid at the time of the agreement. The balance was to be paid between July and October 2004. The appellant did not make the agreed payments, and the 2nd respondent transferred two of the parcels to the 1st respondent, Otwori, in November 2008. The appellant then filed a suit against the 1st respondent, seeking a declaration of trespass and a permanent injunction.

Issues

• Whether the appellant breached the sale agreement
• Whether the 2nd respondent breached the sale agreement
• Whether the appellant should be compensated for the breach

Reasoning

The appellant did not make the agreed payments, and the 2nd respondent transferred the land to the 1st respondent without the consent of the Land Control Board. The appellant's continued possession of the land was not justified.

Outcome

Appeal successful to the extent that the 2nd respondent is ordered to pay Kshs. 300,000/= for breach of contract.

Orders

• The 2nd respondent is ordered to pay the appellant Kshs. 300,000/= for breach of contract
• The appellant is ordered to give vacant possession of the land parcels to the 1st respondent

Remedies

• Damages of Kshs. 300,000/= for breach of contract
• Interest on the damages from the date the counterclaim was filed till satisfaction in full
• Eviction of the appellant from the land parcels if he does not vacate them