Yano v Kiptoo & another (Enviromental and Land Originating Summons E015 of 2024) [2026] KEELC 1488 (KLR) (3 March 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1488
- Citation
- [2026] KEELC 1488 (KLR)
- Decided
- 3 March 2026
The court found that a valid sale agreement existed between the Plaintiff and the Defendants, but the Defendants breached the terms of the agreement by failing to pay the full purchase price and vacate the property.
Facts
The Plaintiff, Alice Jepkoech Yano, claims to be the registered owner of the property known as Kajiado/Kitengela/91437. She alleges that she entered into a valid sale agreement with the Defendants, Peter Kiptoo and Rael Jepkemboi Chelanga, on 4 October 2019. The Defendants are alleged to have breached the terms of the agreement by failing to pay the full purchase price and vacate the property.
Issues
- Whether a valid and binding sale agreement existed between the Plaintiff and the Defendants.
- Whether the Defendants breached the terms of the sale agreement.
- Whether the Plaintiff is entitled to the reliefs sought, including rescission, forfeiture, vacant possession, and mesne profits.
Reasoning
The court considered the pleadings, evidence, and submissions and found that the Defendants breached the agreement by failing to pay the full purchase price and vacate the property.
Outcome
The court found in favor of the Plaintiff.
Orders
- The Defendants are ordered to pay the Plaintiff 10% of the purchase price as forfeiture.
- The Defendants are ordered to vacate the property.
- The Plaintiff is entitled to mesne profits at the rate of Kshs. 100,000 per month starting from 20th March 2020.
Remedies
- Forfeiture of 10% of the purchase price.
- Vacant possession of the property.
- Mesne profits at Kshs. 100,000 per month.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Cyril J. Haroo & Another v Uchumi Services Limited & 3 Others (2014) eKLR
- Attorney General v Halal Meat Products Ltd (2016) eKLR
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