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Uchumi Supermarkets Limited & Kasarani Mall Limited v. Sidhi Investments Limited

(2019) JELR 94211 (CA)

Court of Appeal  •  Civil Appeal 192 of 2008  •  22 Mar 2019  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

By way of an amended plaint dated 12th April 2005, the Respondent herein, filed a suit against the Appellants alleging they had agreed to sell two parcels of land known as L.R No. 5875/2 and L.R No. 23393 located along Thika Road, Nairobi at an agreed purchase price of KShs. 118,000,000. The Respondent sent an offer letter which was accepted by a letter dated 9th March 2005. The Respondent then issued a cheque in favour of the 1st Appellant for the sum of KShs.11,800,000 being 10% deposit. While the Respondent awaited a formal agreement for sale, the Appellants’ caused an advertisement in the Daily Nation Newspaper dated 11th March 2005 placing the suit property among others, for sale without any reference to the Respondent.

The Respondent therefore sought an injunction restraining the Appellants from selling, alienating or disposing the parcels of land to anyone other than itself and also sought an order of specific performance compelling them to complete the sale…

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