Ntusha v Mbutu (Environment and Land Appeal E019 of 2022) [2026] KEELC 50 (KLR) (19 January 2026) (Judgment)

Summary at a glance

Facts

The Appellant, Rhoda Ntuta Ketukei Ntusha, claims that the Respondent, Geoffrey Mbutu, misrepresented the payment status in a 2016 land sale agreement, leading to a significant disparity in the agreed payment amount. The Appellant contests the validity of the agreement and seeks a refund of Kshs. 1,700,000.

Issues

• Whether the learned trial Magistrate erred in awarding the Respondent the sum of Kshs. 1,700,000 and whether such award amounts to unjust enrichment
• Whether the trial Magistrate erred in awarding interest on the principal sum from 19th October 2016 to 24th March 2022
• What orders should issue on costs

Reasoning

The court finds the 2016 agreement to be valid and the Appellant's claims of misrepresentation and unjust enrichment to be unfounded.

Outcome

The appeal is partially successful

Orders

• Interest on the principal amount of Kshs. 1,700,000 at 12% per annum from the date of judgment until payment in full
• Each party bears its own costs of the appeal

Remedies

• Interest on the principal amount of Kshs. 1,700,000 at 12% per annum from the date of judgment until payment in full

Authorities cited