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Benard Nganga Ndirangu v. Samuel Wainaina Tiras

(2019) JELR 105665 (CA)

Court of Appeal  •  Civil Appeal 135 of 2017  •  21 May 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. By a Plaint dated 13th August 2014 and amended on 3rd June 2016, the respondent filed suit against the appellant seeking inter alia an order for specific performance of the contract for sale of land dated 15th November 2012 signed between the parties. A further prayer sought was a mandatory injunction prohibiting the appellant, his agents or servants from demanding, collecting and or receiving rent in respect of the suit property namely BUSIA/MUNICIPALITY/530. The respondent also sought an order compelling the appellant to give up the sum of Ksh. 5,600,000 being rent collected from the suit property with effect from 1st July 2013 to 31st October 2013 and interest thereon at commercial rate of 18% per annum till payment in full.


2. By an agreement dated 15th November 2012, the appellant as the registered proprietor of all that parcel of land known as BUSIA/MUNICIPALITY /530, hereinafter “the property” entered into an agreement for sale with the re…

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