Aziz Ebrahim v Ramzan Ebrahim (Civil Case 198 of 1999) [2020] KEHC 1707 (KLR) (Commercial and Tax) (30 September 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 1707
- Citation
- [2020] KEHC 1707 (KLR)
- Decided
- 30 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial outcomeCoramM.W. Muigai
Holding
The contract was valid and enforceable, and the Defendant breached the contract by failing to transfer the property share.
Facts
The Plaintiff sued the Defendant for breach of contract regarding the sale of a property and the purchase of shares in a business.
Issues
- Is there a valid and/or enforceable contract?
- Did the Plaintiff perform/breach terms of the contract?
- Did the Defendant perform/breach terms of the contract?
- Does Plaintiff’s claim/Defendant’s counterclaim fail/succeed?
- What are the remedies available?
Reasoning
The contract was certain, complete, and definite in its terms, and both parties admitted to executing a valid legal and binding agreement. The Defendant breached the contract by failing to transfer the property share.
Outcome
The Defendant breached the contract, and the Plaintiff is entitled to the requested remedies.
Orders
- Outstanding amount of C$575,000 shall be paid to the Defendant on immediate transfer of 1⁄2 share of Wazir House.
- 3% shares of Alberta Co Ltd shall be transferred back to the Plaintiff.
- 6% share of Alberta Co Ltd shall be transferred back to Mrs Mherbanu Noorali Ebrahim Mavani within 90 days.
- If parties fail to agree, revert to status quo ante; the Defendant to release and transfer back 9% shares of Alberta Co Ltd to Plaintiff's family and refund funds paid so far.
Remedies
- Payment of outstanding amount of C$575,000
- Transfer of 3% shares of Alberta Co Ltd
- Transfer of 6% share of Alberta Co Ltd
- Refund of funds paid so far
Authorities cited
Cases cited (2)
- National Bank of Kenya Ltd vs Pipeplastic Samkolit (K) Ltd & Another
- Salomon vs Salomon
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…