Sarra Investments Limited v CFC Stanbic Bank Limited [2018] KEHC 6270 (KLR)
- Court
- High Court of Kenya
- Case number
- 6270
- Citation
- [2018] KEHC 6270 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the High Court of Kenya at NairobiCoramMARY N. KASANGO
Holding
The defendant's Preliminary Objection is dismissed.
Facts
Sarra Investments Limited sued CFC Stanbic Bank Limited for orders of mandatory injunction and specific performance, and for payment of rent and damages.
Issues
- Whether the defendant's letter of 27th June 2007 is a contract for the creation or sale of a legal estate or interest in land.
- Whether the defendant's letter of 27th June 2007 is within the scope of Section 2 of the Law of Property (miscellaneous provisions) Act 1989.
Reasoning
The court held that the letter of 27th June 2007 is not a contract for the creation or sale of a legal estate or interest in land, as it relates to payments of service charge, land rent, and building insurance, which are not related to the disposition of an interest in land.
Outcome
The case must proceed to full hearing.
Orders
- The defendant's Preliminary Objection is dismissed.
- The court grants the parties leave to lead evidence on whether this court is barred to hear the case in consideration of Section 3(3) of the Law of Contract Act.
Authorities cited
Legislation (2)
- Law of Property (miscellaneous provisions) Act 1989
- Law of Contract Act
Cases cited (1)
- Charles Cleland Helden vs Strathmore Limited [2011] EWCA Civ 542
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.
Loading judgment…