Tom Otieno Osimbo v George S.N. Mburu [2001] KEHC 645 (KLR)

Facts

Plaintiff filed an application seeking an injunction against the Defendant to prevent him from selling his land. The Plaintiff claimed the Defendant was attempting to sell the land without a proper agreement.

Issues

1. Whether the Plaintiff's suit is properly founded on a written contract for the sale of land.
2. Whether the Defendant is attempting to enter into an agreement with another person over the same disputed land.
3. Whether the Plaintiff has paid the full amount for the land and has an agreement with the Defendant regarding the completion date.

Reasoning

The Plaintiff's application is dismissed because the contract for the sale of land is not in writing and signed by all parties, and there is no evidence of an attempt to enter into an agreement with another person over the same land. The Plaintiff has not paid the full amount for the land and has not agreed on a completion date.

Outcome

Application dismissed

Authorities cited