Ong’undi v Odhiambo (Environment and Land Appeal E011 of 2025) [2026] KEELC 472 (KLR) (5 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 472
- Citation
- [2026] KEELC 472 (KLR)
- Decided
- 5 February 2026
Summary at a glance
TypeAppealPostureFirst appeal from a judgment and decree of the Kisumu MCELC Case No. 447 of 2018CoramE. ASATI
The court found that only the sum of Kshs. 2,307,509/= was refundable and entered judgment in favor of the respondent for the sum of Kshs. 2,307,509 with costs and interest from 22nd August 2016.
Facts
The respondent sued the appellant for refund of the purchase price of a parcel of land known as Kisumu/Karateng/1282. The respondent claimed he had paid a total of Kshs. 3,305,509/= as part payment of the purchase price and that the balance of Kshs. 1,594,591/= was to be paid upon completion of the transaction. The appellant denied the claim.
Issues
- Whether the trial court erred in allowing the respondent's claim for refund of the purchase price
Reasoning
The court found no evidence of payment of money to or receipt of money by the appellant. The court relied on a draft defense and the evidence of PW2 to enter judgment in favor of the respondent.
Outcome
The appeal is dismissed. The judgment and decree dated 21st January 2025 in Kisumu MCELC Case No. 447 of 2018 is affirmed.
Orders
- The appeal is dismissed.
- The judgment and decree dated 21st January 2025 in Kisumu MCELC Case No. 447 of 2018 is affirmed.
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