Susan Muthoni Gachibi v Benedict Waititu Kibuku & another [2017] KEHC 1924 (KLR)
- Court
- High Court of Kenya
- Case number
- 1924
- Citation
- [2017] KEHC 1924 (KLR)
The court orders the Kshs.225,000/= deposited in court by the 2nd defendant to be released to the 1st defendant, Benedict Waititu Kibuku, and the applicant (1st defendant) to bear the costs of the application.
Facts
The plaintiff sued the defendant for the balance of the purchase price of a parcel of land, claiming she was the legitimate owner. The court ordered the balance to be paid into court pending the suit. The defendant deposited the money, but the plaintiff's claim was dismissed.
Issues
- Was the plaintiff the lawful vendor of the suit land?
- Was the plaintiff entitled to the balance of the purchase price?
Reasoning
The court found that the plaintiff neither proved she was the vendor of the suit land nor proved any beneficial interest therein, and thus dismissed the plaintiff's claim.
Outcome
The plaintiff's claim is dismissed, and the money is released to the defendant.
Orders
- The Kshs.225,000/= deposited in court by the 2nd defendant be released to the firm of Kanyi Ngure advocates for onward transmission to the 1st defendant – Benedict Waititu Kibuku.
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