Fredrick Korir v Soin United Women Group (Sued through Eunice Towett, Jane Mwolomet, Lucio Chebocho [2018] KEHC 4255 (KLR)
- Court
- High Court of Kenya
- Case number
- 4255
- Citation
- [2018] KEHC 4255 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from the original trialCoramMaraga, Nambuye, The Learned Nyamweya
Holding
There was a valid sale agreement between the parties, and the Plaintiff paid the consideration. The Defendants breached the agreement by failing to complete the sale.
Facts
The Plaintiff, Fredrick Korir, bought land from Soin United Women Group on 16th April 2009 for Kshs. 2,700,000. The Plaintiff claims breach of contract and seeks specific performance and mesne profits.
Issues
- Whether there was a valid Agreement for sale of land.
- Whether the Defendant breached the Sale Agreement.
- What remedies are available to the Plaintiff.
- Who should bear the costs.
Reasoning
The agreement was signed by all parties and attested by a witness. The Plaintiff paid Kshs. 2.4 million, and the balance was to be paid after transfer. The Defendants failed to complete the sale, leading to breach of contract.
Outcome
The Plaintiff's claim for specific performance and mesne profits is granted.
Orders
- An order of specific performance
- An order directing the Defendant to obtain the relevant consents required to transfer the subject parcel of land and to execute all the relevant transfer documents and hand them over to the Plaintiff for purposes of registration
- The Defendants be compelled to receive the balance of the purchase price
- An order directing the Deputy Registrar of this Honourable Court to sign all the relevant forms and applications to be signed for purposes of obtaining the relevant consents required to transfer the subject parcel of land and also sign all the relevant transfer forms to effect the transfer
- Costs of the suit
Remedies
- Specific performance
- Mesne profits
Authorities cited
Legislation (1)
- Law of Contract Act
Cases cited (1)
- Reliable Electrical Engineers (K) Ltd v Mantrac Kenya Limited [2006] eKLR
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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