Susan Kagwiria Ringera & another v Nantie Homes Limited [2018] KEELC 132 (KLR)
The bottom line
#If a land seller delays giving you your lease and you're forced to sue, the court can order them to pay your legal costs even after they comply.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the plaintiffs are entitled to judgment for costs incurred as a result of the respondent's failure to provide the lease despite payment of the purchase price
Key legal issues
#Entitlement to costs following the respondent's failure to provide the lease
Judgment for costs entered for the plaintiffs because the respondent's default was uncontroverted.
The plaintiffs demonstrated that they filed the Originating Summons because the respondent failed to provide the lease despite payment of the purchase price in tandem with the contract. After the suit was filed, the respondent moved to register and avail the lease, and the plaintiffs incurred legal costs. The court found no evidence controverting the plaintiffs' account and therefore entered judgment for costs, to be taxed by the taxing officer.
Legal principles established
#- A party who incurs legal costs as a result of another party's default in performing a contract is entitled to judgment for those costs where the default evidence is uncontroverted.
Court orders
#- 1.Judgment entered for costs in favour of the plaintiffs/applicants against the defendant/respondent
- 2.Costs to be taxed by the taxing officer of the court in the manner prescribed by law
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in the excerpt
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Consequently, the court hereby enters judgment for costs in favour of the plaintiffs/applicants against the defendant/respondent. The same shall be taxed by the taxing officer of the court in the manner prescribed by the law.
the issue which prompted them to take out the Originating Summons herein was the respondent’s failure to provide them with the lease despite paying purchase price in tandem with the contract
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Susan Kagwiria Ringera & another v Nantie Homes Limited [2018] KEELC 132 (KLR)", Case Analysis (2018). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/132/eng@2018-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.