EDWARD NGUGI NJUGUNA vs GATHI MWANGI [2003] KEHC 793 (KLR)
- Court
- High Court of Kenya
- Case number
- 793
- Citation
- [2003] KEHC 793 (KLR)
- Decided
- 10 April 2003
The court sets aside the lower court order and substitutes it with one directing the appellant to pay the respondent Kshs.35,000 with half (1⁄2) costs of this appeal and the case in the lower court to the appellant.
Facts
The appellant and respondent entered into an agreement to sell a 5-acre piece of land for Kshs.80,000. The respondent paid Kshs.45,000, leaving a balance of Kshs.35,000. The respondent claimed the land and demanded a refund of Kshs.80,000, while the appellant claimed the respondent had not paid the full purchase price.
Issues
- Whether the appellant was paid Kshs.80,000 by the respondent
- Whether the respondent breached the sale agreement by not paying the balance of Kshs.35,000
Reasoning
The court found that the respondent had paid Kshs.40,000 to the appellant on the same day of the agreement, which was not part of the land transaction. The court interpreted this as the appellant acknowledging receipt of Kshs.75,000, but the respondent paying Kshs.40,000 soon after. The court ordered the appellant to pay the respondent Kshs.35,000.
Outcome
Appeal successful
Orders
- Set aside the lower court order
- Direct the appellant to pay the respondent Kshs.35,000 with half (1⁄2) costs of this appeal and the case in the lower court to the appellant
Remedies
- Kshs.35,000 to the respondent
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