Customer Support

KINLUC HOLDINGS LTD
V.
MINT HOLDINGS LTD & MACHARIA NJERU

(1998) JELR 100319 (CA)

Court of Appeal 22 Sep 1998 Kenya
BriefBot icon

BriefBot Summary

Free

- The appellant (vendor) entered into a written contract on 28 August 1995 to sell leasehold property to the first respondent (purchaser) for Kshs. 6,000,000, with a balance of Kshs. 5,400,000 to be paid to the second respondent (advocate)

Case Details

Suit Number:civ app 264 of 97
Judges:Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Effie Owuor
Location:Nairobi
Other Citations:KINLUC HOLDINGS LTD v. MINT HOLDINGS LTD & ANOTHER[1998]eKLR

JUDGMENT OF THE COURT

By an agreement in writing made on 28th August, 1995 the appellant (hereinafter referred to as the "vendor") agreed to sell and the first respondent, Kinluc Holdings Limited (hereinafter referred to as "the purchaser") agreed to purchase the appellant's leasehold interest in a property known as L.R. NO. 12494/10, Karen. This property has an area of some of 2.037 hectares and the agreed price was Kshs.6,000,000. The written agreement was drawn by the second respondent (hereinafter referred to as "the advocate or the advocCaltaeuss ea s5 aopfp rtohper isaatied" )a.greement reads as follows:-

"The balance of the purchase price being shillings five millions, four hundred thousand (KShs.5,400,000) shall be paid by the purchaser to the advocates as stakeholders within 30 days from the date of signing of this agreement who shall release the same to the vendor on successful completion of the transfer in favour of the purchaser"

It is not in dispute that 10% of the agreed p…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.