REDHILL HEIGHTS INVESTMENTS LIMITED V. SUZANNE ACHIENG BUTLER, MARTIN NJEMA MUTURA, MARGARET C. MURINGA IRERI, WILSON KIMUTAI MUGUNGEI & CONSTANCE ANJIRI ANYIKA

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the High Court (Joel Ngugi, J) dismissing preliminary objections raised against the suit filed by the respondents herein against the appellant and another.

[2] Sometime in 2016, the respondents filed a suit against the appellants and another. They averred in the plaint inter alia, that:

(i) The 1^st respondent as a developer sub-divided its land reference No. 20517/3 situated in South East Limuru Township into 28 residential units each measuring 0.25 of an acre which plots were sold to various purchasers including the respondents.

(ii) The 1^st respondent was to develop the land into a gated residential estate comprising of 28 town houses with all access ways and ancillary infrastructure and that it was intended that the purchasers would after buying the land pay for the construction of town houses.

(iii) By various agreements entered into between the 1^st respondent and the purchasers including the respondents, the purchase price…