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Patrizia Bini v. Melina Investment Limited, Giuseppino Valsesia Paola Sasso & Roberto Sasso

(2016) JELR 95199 (CA)

Court of Appeal  •  Civil Appeal 54 of 2015  •  27 May 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Central to this dispute are, first, what the parties christened, in a rather mouth-filling agreement, as “Preliminary Sub-Lease Contract For a Residential Real Estate To be Completed” (the pre-sale agreement), dated 23rd May, 2011, and secondly, two letters dated, 20th and 22nd December, 2011. The pre-sale agreement was executed between the appellant as the purchaser and the 1st respondent as the vendor. The 1st respondent, a limited liability company in which the 2nd, 3rd and 4th respondents are directors, is the registered lessee of a parcel of land known as Chembe/Kibabamshi/402 within Mayungu, Watamu in Kilifi County (the property), measuring approximately 3 hectares with a beach frontage.

In 2010 the appellant approached the respondents who were developing a residential tourist settlement on the property called Nyumba Baharini Village, with an offer to purchase one unit of the development identified and marked No. 2 consisting of 2 bedrooms, 2 bathrooms and a …

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