Martha Wambui v Defendant
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Defendant breached the sale agreement
The Defendant was in breach for failing to complete the sale despite full payment by the Plaintiff and a completion notice
The agreement fixed the consideration at Kshs. 300,000/- and a completion date of 180 days from execution. The Plaintiff paid the full amount, the last instalment on 1st March 2018, and issued a completion notice. Seven years later the vendor had not completed by excising the plot and obtaining title, so breach was established.
Whether specific performance should be granted
Specific performance refused because the plot was not uniquely identifiable and enforcement would be cumbersome and costly
The plot was to be excised from a larger parcel; no subdivision plan was presented and there was no evidence it had not been excised. Enforcement would require excision subject to land control board consent and other approvals, potentially producing an absurd outcome, contrary to the overriding objective of just, expeditious, proportionate and affordable resolution.
The appropriate measure of damages
Damages of Kshs. 300,000/-, being the consideration paid, with interest from filing of suit
Applying the restitution in integrum principle and the Hadley v Baxendale rule as adopted in Kenyan authorities, damages restore the claimant to the position had the breach not occurred. The parties had contractually provided for refund of monies paid on breach, and the Plaintiff proved payment of the full Kshs. 300,000/-, making that sum an adequate, easily ascertainable measure.
Legal principles established
#- Specific performance is discretionary and its practicality of enforcement is a relevant consideration
- Where the subject parcel is not uniquely identifiable, specific performance may be denied and damages awarded instead
Court orders
#- 1.Damages for breach of contract of Kshs. 300,000/- against the Defendant
- 2.Interest on Kshs. 300,000/- at court rates from the date of filing suit until payment in full
- 3.Costs of the suit to the Plaintiff, to be assessed on the scale applicable to matters filed in the Magistrates' courts
- Jurisdiction invoked
- Original jurisdiction over the suit relating to land; proceedings conducted as an undefended suit under Order 10 rule 9 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Martha Wambui v Defendant", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6899/eng@2024-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.