Chris Wahome Ndegwa v Pine Crib Apartments Company Limited [2019] KEELC 3555 (KLR)
The bottom line
#A Kenyan buyer who paid KSh 1.52 million for an apartment got his money back with interest, but no injunction, because no executed sale agreement existed.
What this practically means
#Executive summary
#Key legal issues
#Proof of breach of contract and entitlement to refund
The plaintiff proved on a balance of probabilities that the defendant accepted Kshs.1,520,000 but failed to execute the sale agreement and complete the transaction, entitling him to a refund with interest
The defendant, though served, did not enter appearance or file a defence, so the plaintiff's evidence went uncontroverted at formal proof. However, the sale agreement was never produced and the defendant did not execute it, so its terms could not be ascertained and the transaction could not be specifically enforced. The court therefore confined the remedy to restitution of the monies paid, with interest at court rates from 19th August 2011, rather than the commercial rates claimed.
Claimed injunction over the suit property
The injunction was not granted; the plaintiff was limited to a refund of monies paid toward the intended purchase
The plaintiff sought an injunction restraining dealings with apartment No. B3 as the primary relief, with the refund as an alternative. Because the agreement for sale was neither produced nor executed by the defendant, the plaintiff could not establish enforceable contractual entitlement to the property, and the court granted only the refundary alternative.
Legal principles established
#- Where a sale agreement is not produced and the vendor did not execute it, the purchaser cannot enforce specific performance but may recover the monies paid towards the intended purchase
- Uncontroverted evidence, if credible, satisfies the plaintiff's burden of proof on a balance of probabilities
Court orders
#- 1.The defendant to refund to the plaintiff the sum of Kshs.1,520,000 plus interest at court rates from 19th August 2011 until payment in full
- 2.Costs of the suit to the plaintiff
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act over disputes relating to land (apartment on LR No. 4871/126)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chris Wahome Ndegwa v Pine Crib Apartments Company Limited [2019] KEELC 3555 (KLR)", Case Analysis (2019). ELC Civil Case No. 684 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3555/eng@2019-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.