Njoro Teachers Welfare Association Suing Through David Waweru, Bonareri Kerioba & Jacob Songor and 40 others & 4 others v Komen & 7 others (Environment & Land Case 340 of 2017 & 481 of 2016 (Consolidated)) [2024] KEELC 604 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs are entitled to a refund of the purchase price of Ksh 4,750,000/=
Yes - the Plaintiffs proved payment of the purchase price to the 3rd to 7th Defendants and are entitled to a refund with interest
The court found a valid sale agreement dated 2nd February, 2012 and illustrated payments through cash deposit receipts. Applying section 3(3) of the Law of Contract Act and the Nelson Kivuvani case, the agreement satisfied the statutory formalities. The 4th to 7th Defendants confirmed the money was remitted to the 3rd Defendant, who was found to be the agent of the sellers.
Whether the Plaintiffs in ELC No 481 of 2016 are entitled to a refund of Ksh 6,000,000/=
Yes - refund of Ksh 6,000,000/= with interest from 10th May, 2012 against the 1st and 2nd Defendants in that suit
The court noted there was a sale agreement dated 2nd February, 2012 between the Plaintiffs and one Abdul Kadir Komen, and that the Plaintiffs illustrated how the payments were made by adducing cash deposit receipts. A cause of action being an act of the defendant giving rise to complaint, the Plaintiffs were found to have a valid cause of action and entitlement to refund.
Legal principles established
#- An agreement for sale of land containing the parties' names, the property, purchase price, obligations and signed and witnessed by two witnesses amounts to a valid contract
- A cause of action is an act on the part of the defendant which gives the plaintiff his cause of complaint
Court orders
#- 1.The Plaintiffs in ELC Case No 340 of 2017 are to be refunded the purchase price of Ksh 4,750,000/= by the 3rd, 4th, 5th, 6th and 7th Defendants in ELC Case No 340 of 2017 together with interest at court rate with effect from 26th August, 2011 to the date of payment
- 2.The Plaintiffs in ELC Case No 481 of 2016 are to be refunded Ksh 6,000,000/= by the 1st and 2nd Defendants in ELC Case No 481 of 2016 together with interest at court rate with effect from 10th May, 2012 to the date of payment
- 3.The costs of ELC Case No 340 of 2017 and ELC Case No 481 of 2016 are awarded to the Plaintiffs in the respective cases
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (land disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoro Teachers Welfare Association Suing Through David Waweru, Bonareri Kerioba & Jacob Songor and 40 others & 4 others v Komen & 7 others (Environment & Land Case 340 of 2017 & 481 of 2016 (Consolidated)) [2024] KEELC 604 (KLR)", Case Analysis (2024). ELC Case No. 340 of 2017 (Lead file); ELC Case No. 481 of 2016 (consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/604/eng@2024-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.