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ELCDismissedNot stated in the judgment as provided· [2025] KEELC 4900 (KLR)

Kamau & another v Green Valley Limited & another (Environment & Land Case E133 of 2024) [2025] KEELC 4900 (KLR)

Environment and Land Court (High Court)
30 June 2025
JOJ. M Onyango
2,172 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Thika refused to hand down quick judgment for Kshs 3.7 million because the seller's blame for a failed land sale needs a full trial.

What this practically means

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Executive summary

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The Plaintiffs/Applicants moved the court by Notice of Motion dated 18th September 2024 seeking summary judgment against the Defendants for Kshs 3,700,000, being 10% of the purchase price under the default clause of a sale agreement dated 22nd May 2024 over LR No. 145/86 (formerly LR No. 141/81/5), plus interest and costs. The Applicants argued that the Respondents breached the agreement by rescinding it and selling the suit property to a third party, that they had admitted liability in a Replying Affidavit, and that the Respondents initially failed to file a defence. The Respondents opposed, contending that the Plaint contained no liquidated demand, that the Applicants themselves breached the contract by failing to demonstrate proof of funds, that the deposit of Kshs 5,000,000 had been refunded on 11th June 2024, and that a Statement of Defence dated 19th September 2024 raised triable issues. The court framed a sole issue: whether summary judgment should be entered. Reviewing Order 36 Rule 1 and the settled Court of Appeal authorities on summary judgment and triable issues, the court noted that both parties agreed the agreement contained a default clause, the suit property had been transferred to a third party, and the deposit was refunded, but each accused the other of breach. That question of breach was a triable issue fit for full trial. The application dated 18th September 2024 was dismissed with costs in the cause.

Key legal issues

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01

Whether summary judgment should be entered against the Defendants for the 10% contractual penalty

Holding

No - the application was dismissed because the defence raises triable issues

Reasoning

Both parties agree the sale agreement had a default clause, the suit property was transferred to a third party, and the deposit was refunded; each accuses the other of breach. Who was in breach is a triable issue requiring a full trial, and the defendants should be given the opportunity to defend the suit.

p. 4
02

Whether entering summary judgment where a defence raises triable issues would breach constitutional rights

Holding

Yes - it would deny the defendants access to justice and a fair hearing

Reasoning

The court reasoned that ousting a defendant from the judgment seat despite triable issues would contravene Article 48 (access to justice) and Article 50(1) (fair hearing) of the Constitution.

Legal principles established

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  • Summary judgment is only available where the claim is plain and obvious; where a defendant shows a bona fide triable issue, the defendant must be allowed to defend without condition
  • A defence raising triable issues need not be a defence that must succeed; it need only raise an issue fit for trial

Court orders

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  1. 1.The Application dated September 18, 2024 is dismissed
  2. 2.The costs of the application shall be in the cause

Authorities

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Legislation

  • Constitution of Kenya 2010Article 159(2)(d); Article 159(2)(c); Article 48; Article 50(1)
  • Civil Procedure ActSections 1A, 1B, 3A, 63(e)
  • Civil Procedure Rules, 2010Order 7 Rule 1; Order 10 Rule 4; Order 36 Rules 1 and 2; Order 51

Cases cited (5)

  • ICDC vs Daber Enterprises Ltd
    [2000] 1 EA 75
  • Dhanjal Investments Ltd vs Shabaha Investments Ltd
    Civil Appeal No. 232 of 1997
  • Kandlal Restaurant -v- Devshi & Company
    (1952) EACA 77
  • Souza Figueredo & Company Ltd –v- Mooring Hotel Ltd
    (1959) EA 425
  • Kenya Trade Combine Ltd -v- Shah
    Civil Appeal No. 193 of 1999
Jurisdiction invoked
Article 159(2)(d) of the Constitution of Kenya 2010; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 7 Rule 1, Order 10 Rule 4, Order 36 Rules 1 and 2 and Order 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamau & another v Green Valley Limited & another (Environment & Land Case E133 of 2024) [2025] KEELC 4900 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4900/eng@2025-06-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.