Vincent Mugambi Kaiga v Esther Njoki Kimathi [2017] KEELC 2128 (KLR) | Rescission Of Sale Agreement | Esheria

Vincent Mugambi Kaiga v Esther Njoki Kimathi [2017] KEELC 2128 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

E&L NO. 27  OF 2016

VINCENT MUGAMBI KAIGA.....................................................PLAINTIFF

VERSUS

ESTHER NJOKI KIMATHI.....................................................DEFENDANT

CONSENT/JUDGMENT

1. On 18. 07. 2016 the advocates representing the parties and the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.

CONSENT

1. The Defendant shall refund to the plaintiff a sum of Kshs. 400,000/= on or before 31st August, 2016 being the purchase price already paid to her and the agreement for the sale of land  dated 20th January, 2014 between the parties shall be rescinded henceforth.

2. All inhibitions registered against land parcel number ABOGETA/L-CHURE/1676 AND 1677 be lifted forthwith.

3. Parties to bear own costs.

2. I find that the Consent is properly signed and is binding upon the parties.

3. The Judgment is hereby entered in terms of the consent dated 18. 07. 16.  The suit is marked as settled.

4. Parties shall bear their own costs.

5. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS  24TH DAY OF  JULY, 2017 IN THE PRESENCE OF:-

C.A: Janet

Gatari for the Plaintiff

Mutuma for the Defendant

Plaintiff present

HON. L. N. MBUGUA

ELC JUDGE