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JOSEPH GICHUHI KAMAU & ANOTHER
V.
SALOME WACHEKE KANYINGI

(2021) JELR 100722 (CA)

Court of Appeal 19 Feb 2021 Kenya
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- The appellants claimed entitlement to specific performance and special damages based on separate sale agreements with the respondent for portions of L.R. No. Nguirubi/Ndiuni/433, alleging partial or full payment of purchase prices. - The

Case Details

Suit Number:Civil Appeal 199 of 2019
Judges:William Ouko, Jamila Mohammed, Sankale ole Kantai
Location:Nairobi
Other Citations:Joseph Gichuhi Kamau & another v. Salome Wacheke Kanyingi [2021] eKLR

JUDGMENT OF THE COURT

There were two suits filed at the Magistrates Court at Limuru, both against the respondent, Salome Wacheke Kanyingi. In the suit by the 1st appellant, Joseph Gichuhi Kamau, it was stated that he had entered into a sale agreement with the respondent for the purchase of 2 acres of land to be excised from a parcel of land known as L.R. No. Nguirubi/Ndiuni/433 (“the suit land”) for a consideration of Ksh.350,000 and that, of that sum, Ksh.270,000 had been paid. It was prayed that the court order specific performance of the contract; that a sum of Ksh.340,450 be awarded as special damages in addition to the order of specific performance; that a

permanent injunction be issued to restrain the respondent from alienating, trespassing, cultivating, tilling, selling, offering for sale, disposing, charging, mortgaging, creating lien or in any other way dealing with the suit land and the court was also asked to grant such further relief as it deemed just and award costs to the …

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