PHILEMON KIPLAGAT KIPRONO V WHEELER K. KENEI T/A GREEN ACRES PROPERTY SOLUTIONS [2012] KEHC 1394 (KLR)
- Court
- High Court of Kenya
- Case number
- 1394
- Citation
- [2012] KEHC 1394 (KLR)
- Decided
- 5 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out defendant's defence and for judgment in favour of the plaintiffCoramF. AZANGALALA
Holding
The application is allowed, and judgment is entered in favour of the plaintiff for Kshs. 1,032,000/- together with costs and interest.
Facts
The plaintiff and defendant entered into an agreement for the purchase of a property. The defendant admitted the agreement but denied failing to perform his part of the bargain, claiming the delay was due to unforeseen circumstances. The plaintiff sought refund of the purchase price and related charges.
Issues
- Whether the defendant's defence discloses a reasonable defence
- Whether the defendant's defence is a sham
Reasoning
The defendant's defence is a sham and does not raise any triable issues. The agreement was silent on punitive damages, and the plaintiff is entitled to interest on the sum from the date of institution of the suit.
Outcome
Judgment in favour of the plaintiff
Orders
- Judgment entered in favour of the plaintiff for Kshs. 1,032,000/-
- Interest on the sum from the date of institution of the suit until payment in full
Remedies
- Refund of the purchase price and related charges
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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