Jeremiah Wanyiri Wambugu v Geofrey Wiagwa Wanjoya [2016] KEHC 4944 (KLR)

Facts

The appellant and respondent agreed to a sale transaction of a plot in August 1999, with the respondent paying Kshs.100,000 and the balance in installments. The sale agreement was not executed.

Issues

1. whether the respondent's payment was sufficient to establish a contract
2. whether the trial court erred in finding the respondent's case proved on a balance of probabilities
3. whether the trial court erred in failing to consider the appellant's submissions

Reasoning

The court agrees with the respondent's evidence and finds the respondent proved his case on a balance of probability, despite the appellant's argument that the payment was insufficient.

Outcome

Appeal dismissed with no orders

Authorities cited