MARY NGONDU v OBED MBITHI MTIWA [2005] KEHC 361 (KLR)
- Court
- High Court of Kenya
- Case number
- 361
- Citation
- [2005] KEHC 361 (KLR)
- Decided
- 11 May 2005
The court finds that Ng’ondu has not fulfilled her obligations under the agreement and denies the application for an injunction.
Facts
Mary Ng’ondu seeks an injunction to restrain Obed Mbithi from leasing, letting, or interfering with plot No. Matungulu/Kyaume 1886 pending the hearing of the case. Ng’ondu and Mbithi agreed to sell the land in 2000, with amendments made through further agreements. Ng’ondu claims she has paid the full price but Mbithi has not signed the transfer papers and has rented the land to a technical school.
Issues
- Whether Ng’ondu has fulfilled her obligations under the agreement
- Whether Mbithi has fulfilled his obligations under the agreement
- Whether Ng’ondu should be granted an injunction to prevent Mbithi from interfering with the land
Reasoning
Ng’ondu failed to pay the full purchase price by the completion date as agreed and did not provide corresponding receipts from the Advocate who received the monies from on behalf of the respondent. The court also notes that the bank's interest in the matter should have been addressed.
Outcome
Application denied
Loading judgment…