Customer Support

OGLA JEMELI BARNG'ETUNY
V.
SHIRJI NARAN VIRJI

(2021) JELR 93357 (CA)

Court of Appeal 29 Jan 2021 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 262 of 2019
Judges:William Ouko, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Ogla Jemeli Barng'etuny v. Shirji Naran Virji [2021] eKLR

JUDGMENT OF THE COURT

1. In this appeal, the appellant has challenged the judgment of the Environment and Land Court (ELC) (A. Ombwayo, J.) given on 29th August 2019 compelling her to specifically perform obligations under a land sale agreement dated 28th May 2011 and transfer a property known as Title Number Eldoret Municipality Block 13/886 to the respondent. In the same judgment, the court restrained the appellant by an order of permanent injunction from interfering, in any manner howsoever, with the respondent’s title over the said property.

2. In a nutshell, the respondent’s case before the ELC was that he entered into a sale agreement with the appellant dated 28th May 2011 by which he agreed to purchase, and the appellant agreed to sell to him half an acre of land out of a parcel of land known as Title Number Eldoret Municipality Block 13/530 for the price of Kshs.3,500,000.00; that it was agreed that upon subdivision, the appellant would transfer one of the resultant subdivisions…

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.