Omar (Suing as legal representative of the Estate of Warsame Omar Farah) v Abdi & 4 others (Environment and Land Case E218 of 2020) [2024] KEELC 4010 (KLR) (6 May 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4010
- Citation
- [2024] KEELC 4010 (KLR)
- Decided
- 6 May 2024
The suit is not incompetent and should not be struck out. The plaintiff is entitled to specific performance, but the suit is statute barred. The plaintiff is not entitled to the suit property, and the second defendant is not entitled to the remedy sought in the counterclaim.
Facts
The plaintiff, as the legal representative of the estate of Warsame Omar Farah, sues the defendants for specific performance of a sale agreement and for refund of the purchase price. The suit was amended multiple times.
Issues
- Whether the suit is incompetent and should be struck out.
- Whether the plaintiff is entitled to specific performance.
- Whether the suit is statute barred.
- Whether the plaintiff is entitled to the suit property.
- Whether the second defendant is entitled to the remedy sought in the counterclaim.
Reasoning
The court found that the plaintiff was not entitled to specific performance due to the lack of registration of the property in the vendor's name and the plaintiff's knowledge of the property's registration in the second defendant's name.
Outcome
The appeal is dismissed.
Orders
- An order of permanent injunction to restrain the plaintiff from entering the suit property.
- An eviction order to be issued if the plaintiff fails to vacate the property within 180 days.
- The plaintiff to bear their own costs.
Remedies
- Specific performance
- Permanent injunction
- Eviction order
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