Edward Peter Njoroge v Owen Kimotho Kaire [2013] KEHC 5787 (KLR)
- Court
- High Court of Kenya
- Case number
- 5787
- Citation
- [2013] KEHC 5787 (KLR)
- Decided
- 9 July 2013
The Plaintiff is not entitled to specific performance of the agreement as pleaded. The Plaintiff is not entitled to damages for breach. The Plaintiff is entitled to refund of Kshs 60,000. The Defendant is entitled to removal of caution against Dagoretti/Waithaka/1333 and 1334. Each party bears their own costs.
Facts
The Plaintiff sued the Defendant for specific performance of an agreement for the exchange of land. The Plaintiff claimed the Defendant breached the agreement by failing to cause formal mutation of plots, refusing to disclose the mutation, disposing of one plot, refusing to accept further funds, advertising plots for sale, and lodging a caution against two plots.
Issues
- Time to pay Kshs 200,000
- Plots to be exchanged
- Performance of obligations
- Payment of Kshs 60,000
- Lodging of cautions
- Validity of agreement
- Removal of caution
Reasoning
The court found that neither party fully performed their obligations under the agreement. The Plaintiff did not pay the full purchase price and the Defendant did not transfer the plots as agreed.
Outcome
Appeal dismissed
Orders
- Refund of Kshs 60,000 to the Plaintiff
- Removal of caution against Dagoretti/Waithaka/1333 and 1334 from the Defendant
Remedies
- Refund of Kshs 60,000
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