Stima Investment Co-operative Society v Njenga & 3 others (Sued as the Administrators and/or the Personal Representatives of the Estate of Wambui Njenga (Deceased)) (Environment & Land Case E020 of 2022) [2025] KEELC 1199 (KLR) (13 March 2025) (Judgment)

Summary at a glance

Facts

The Plaintiff, Stima Investment Co-operative Society, entered into a contract with the late Wambui Njenga to purchase a land parcel for Kshs. 75,000,000. The Plaintiff paid Kshs. 56,250,000 towards the purchase, and the balance of Kshs. 18,750,000 was to be paid in exchange for issuance of completion documents. The agreement was varied, and the balance was to be paid into two separate accounts.

Issues

• Whether there exists a valid contract between the Plaintiff and the late Wambui Njenga.
• Whether the Defendants were in breach of the terms of the sale agreement and the variation agreement.
• Whether an order for specific performance should issue.
• Whether the Plaintiff is entitled to general damages for inconvenience and breach of the sale agreement terms.
• Who should bear costs of the suit.

Reasoning

The Court considers the validity of the contract and the breach of terms, concluding that specific performance is appropriate due to the Plaintiff's substantial payments and the Defendants' refusal to complete the transaction.

Outcome

The Court finds in favor of the Plaintiff, ordering specific performance.

Orders

• An order for specific performance directing the Defendants to provide unencumbered completion documents and execute transfer documents.

Remedies

• Specific performance.

Authorities cited