ALI ABDALLA KAWINGA & ANOTHER V MARY NYAMVULA MWAVITA & ANOTHER [2012] KEHC 2448 (KLR)
- Court
- High Court of Kenya
- Case number
- 2448
- Citation
- [2012] KEHC 2448 (KLR)
- Decided
- 27 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff's Notice of Motion dismissedCoramC. W. Meoli
Holding
The Plaintiff's application is dismissed with costs as the application has come too late and the breach has already happened.
Facts
In 2008, the 1st Plaintiff purchased land parcel No. LR KILIFI/KIJIPWA/934 from the 1st Defendant for Kshs.200,000. In January 2011, the 1st Defendant purported to rescind the agreement and later transferred the land to the 2nd Defendant, who is now the registered owner.
Issues
- Plaintiff's claim for restraining the Defendants from developing, utilizing or alienating the land parcel
- Whether the agreement was for plot 555 or plot 934
Reasoning
The agreement was for plot 555, which is a larger plot from which plot 934 was carved out. The breach has already occurred, and the Plaintiff's application is dismissed.
Outcome
Dismissed
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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