Waweru & 8 others v Mureithi t/a Kenya Projects Budget & Executive Homes (Environment and Land Case E075 & 139 of 2022 (Consolidated)) [2026] KEELC 2470 (KLR)
The bottom line
#A Mombasa court ordered a developer to complete lease documentation for 13 homebuyers because money alone could not compensate for land.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs proved a valid, enforceable contract and entitlement to specific performance
Yes. The Plaintiffs proved they entered into agreements, performed their side of the bargain, and the Defendant failed and/or neglected to perform his obligations; the Defendant neither filed a defence nor testified, leaving the Plaintiffs' evidence uncontroverted, and damages are inadequate for land.
The Plaintiffs produced the sale agreements, addenda and correspondence showing agreed Completion Dates which the Defendant failed to meet. The Defendant entered appearance but filed no defence, and neither testified nor called witnesses. The Plaintiffs' evidence that they are home owners in occupation of the suit property was therefore uncontroverted. Applying the principles in Gharib Suleiman Gharib and Reliable Electrical Engineers, the court held that a valid enforceable contract existed, that the Plaintiffs had performed, and that land being peculiar, damages would not suffice, making specific performance the appropriate remedy.
Legal principles established
#- Jurisdiction to order specific performance is based on the existence of a valid and enforceable contract, and being an equitable relief it is granted where damages are insufficient
- Specific performance is discretionary and will not be granted where an adequate alternative remedy (damages) exists
- Land is unique and damages may not be an adequate remedy for breach of a land sale contract
Court orders
#- 1.Judgment entered for the 13 Plaintiffs in terms of prayers 'a' to 'f' of the Plaint dated 8th June 2022
- 2.Judgment entered in terms of prayers 'a' to 'd' in the consolidated suit dated 21st November 2022
- 3.The prayers expressed in the alternative declined
- 4.Costs of the suits awarded to the Plaintiffs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to land (contracts for sale of houses on parcel MN/1/343)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waweru & 8 others v Mureithi t/a Kenya Projects Budget & Executive Homes (Environment and Land Case E075 & 139 of 2022 (Consolidated)) [2026] KEELC 2470 (KLR)", Case Analysis (2026). Mombasa ELC Case No. E075 of 2022 (lead file), consolidated with ELC Case No. 139 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2470/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.