David Mushokambere v Qwanza Homes Limited [2015] KEHC 4504 (KLR)
- Court
- High Court of Kenya
- Case number
- 4504
- Citation
- [2015] KEHC 4504 (KLR)
- Decided
- 21 May 2015
The court finds that the plaintiff has not established a prima-facie case for an injunction and that the plaintiff will not suffer irreparable loss that cannot be compensated by damages.
Facts
The plaintiff and defendant entered into a sale agreement for two apartments. The plaintiff paid a deposit of Ksh 4,000,000 and agreed to pay the remaining balance of Ksh 16,200,000 by September 30, 2014. The defendant refunded the deposit but the plaintiff did not take possession of the apartments and later claimed breach of contract.
Issues
- Whether the plaintiff has established a prima-facie case for an injunction.
- Whether the plaintiff will suffer irreparable loss that cannot be compensated by damages.
Reasoning
The court held that the plaintiff breached the terms of the agreement by not paying the remaining balance and not taking possession of the apartments. The plaintiff also failed to establish that he will suffer irreparable loss.
Outcome
The application for an injunction was dismissed.
Orders
- The plaintiff’s request for an injunction was denied.
- The defendant refunded the deposit of Ksh 3,597,800.
- The plaintiff’s claim for further delay was rejected.
Remedies
- Damages
Authorities cited
Legislation (2)
- Civil Procedure Act
- Arbitration Act
Cases cited (4)
- CMC Motors Group Ltd and another Vs Evans Kageche Boro
- Giella vs Cassaman Brown and Co. Ltd
- Ripples Limited v Kamau Mucuha
- Wairimu
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