Gachu & another v Ndocha & another (Environment & Land Case 41 of 2008) [2025] KEELC 3985 (KLR) (22 May 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3985
- Citation
- [2025] KEELC 3985 (KLR)
- Decided
- 22 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSpecific PerformancePostureAppeal from an original trialCoramOA ANGOTE
Holding
The court denied the Plaintiffs' request for specific performance and ordered them to pay the sum of Kshs. 2,203,178.90 to the Defendants.
Facts
The Plaintiffs claim that they have paid 96% of the purchase price for the property and are entitled to specific performance or damages for breach of contract. The Defendants dispute the claim and have not called witnesses.
Issues
- Whether this court should issue orders for specific performance.
- Whether the Plaintiffs are entitled to damages for breach of contract.
Reasoning
The court found that the Plaintiffs had not paid the full purchase price and had made some payments towards the outgoings. The court also noted that the Defendants had not called any witnesses to support their case.
Outcome
The court denied the Plaintiffs' request for specific performance and ordered them to pay the sum of Kshs. 2,203,178.90 to the Defendants.
Orders
- An order of specific performance to issue commanding and compelling the Defendants to transfer the L.R No. Nairobi Block 82/782 Savannah Estate Phase 1 House No. 31 to the Plaintiffs.
- An order to pay the sum of Kshs. 2,203,178.90 to the Defendants.
Remedies
- Damages for breach of contract.
Authorities cited
Legislation (1)
- Evidence Act
Cases cited (1)
- Reliable Electrical Engineers (K) Ltd v Mantrac Kenya Limited [2006] KEHC 2855 (KLR)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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