PATRICK TARZAN MATU & ANOTHER v NASSIM SHARIFF NASSIR ABDULLA & 2 OTHERS [2009] KEHC 1085 (KLR)
- Court
- High Court of Kenya
- Case number
- 1085
- Citation
- [2009] KEHC 1085 (KLR)
- Decided
- 8 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out the plaintCoramF. AZANGALALA
Holding
The application to strike out the plaint is granted, and the plaint is struck out as it fails to disclose a reasonable cause of action.
Facts
In October 2004, the applicant approached the plaintiffs to purchase the suit property, which was offered at Kshs. 6,500,000. The applicant deposited Kshs. 650,000 as a deposit, but later called off the sale and demanded the deposit back.
Issues
- Whether the plaintiffs' claim for a declaration that the deposit has been forfeited is valid
- Whether the plaintiffs' claim for general damages for breach of contract is valid
Reasoning
The court finds that the plaintiffs' claim is not well-founded as the applicant did not breach the contract and the deposit was made as a stakeholder's payment.
Outcome
The plaint is struck out.
Orders
- The plaint is struck out as it fails to disclose a reasonable cause of action.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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