Mangi v. Munyiri and another
Court of Appeal, at Nairobi
August 1, 1991
Masime, Cockar and Muli JJ A
Civil Appeal No 143 of 1990
(Appeal from the Judgment and Decree of the High Court at Nairobi, Mr
Justice Shields J, dated 9th November 1989 in HCCC No 1413 of 1989)
Equity - equitable remedies - specific performance - matters the courts will consider in granting such remedy.
Land Law - sale of land - rescission of an agreement for sale on account of the purchaser failing to complete the transaction on time - purchaser seeking specific performance - whether time was of the essence - whether both parties to blame for not completing the transaction - whether order of specific performance properly given.
The appellant who intended to sell his residential property, the subject mater of this suit to the respondent purported to rescind the contract of sale on the ground that the respondent was unable to complete the transaction on time. The respondent contested the rescission in court and sought spec…