Jordan Properties Limited v Maragret Njoki Migwi [2020] KEHC 340 (KLR)

Facts

There was an agreement for the sale of the suit premises between the appellant and the respondent. The respondent denied the agreement was entered into to avoid auctioning the suit land due to her failure to service a loan secured using the suit property.

Issues

1. Whether the contract between the parties was illegal and thus void
2. Whether the amount paid under the contract should be recovered
3. Whether the trial court erred in dismissing the suit

Reasoning

The court held that the contract was not illegal and thus valid, and the trial court's dismissal of the suit was not erroneous.

Outcome

Appeal dismissed

Authorities cited