Julius Mwema Nyuguto v Anne Wairimu Githogori [2019] KEHC 283 (KLR)
- Court
- High Court of Kenya
- Case number
- 283
- Citation
- [2019] KEHC 283 (KLR)
- Decided
- 31 October 2019
The court orders the appellant to refund Kshs.160,000/= to the respondent and that upon payment, the respondent will have 45 days to move out of the suit land or be evicted therefrom.
Facts
The respondent, Anne Wairimu Githogori, filed a plaint seeking a refund of Kshs.166,000/=, including Kshs.160,000/= as the purchase price of LR.Nyandarua/Karagoine/502 (suit land) paid to the appellant, Julius Mwema Nyuguto, and Kshs.6,000/= agency fees. The appellant denied liability and counterclaimed for dismissal of the main suit, eviction, and general damages.
Issues
- Whether the appellant should refund the purchase price of the suit land
- Whether the respondent should be evicted from the suit land
Reasoning
The court found that the appellant received money from the respondent based on a contract of sale of land and that the appellant failed to perform his part of the contract, leading to the respondent filing the suit. The court also noted that the appellant did not seek interest in his prayers but the trial court awarded it, which was a wrong exercise of discretion.
Outcome
The appeal is upheld, and the trial court's decision is upheld.
Orders
- Appellant to refund Kshs.160,000/= to the respondent
- Respondent to have 45 days to move out of the suit land or be evicted therefrom
Remedies
- Costs of the appeal and the lower court
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