G34/3892/2021

Question 1

THE HIGH COURT OF KENYA

CIVIL CASE BETWEEN

MR. SULUHU…………………………………………..PLAINTIFF

-VS-

MR. MIRADI SAFI........................................DEFENDANT

PARTICULARS OF THE CLAIM

1. In November 2023, the Plaintiff identified a half-acre piece of land for sale located at Marurui
area in Nairobi County belonging to the Defendant.
2. The Plaintiff approached the Defendant and expressed his interest in purchasing the property.
Following negotiations, the parties entered into an Agreement for Sale on [Date] for the purchase
of the property at a price of Kshs. 40,000,000/-.
3. The Plaintiff, through his advocates, Bila Ufisadi Company Advocates, paid a deposit of Kshs.
4,000,000/- to the Defendant’s advocates, Wajeuri & Co. Advocates, to facilitate the preparation
of the necessary paperwork.
4. A few weeks after the execution of the Agreement for Sale, the Plaintiff was informed by the
Defendant that he was no longer willing to sell the property and would refund the deposit.
5. The Plaintiff discovered that the Defendant’s reason for rescinding the contract was a higher
offer of Kshs. 50,000,000/- from Double Infinity Real Estate Developers Limited.
6. The Plaintiff objected to the rescission as it caused him significant inconvenience and delays
his project.

BREACH OF CONTRACT
7. The Defendant’s act of unilaterally rescinding the Agreement for Sale constitutes a material
breach of contract.
8. The Defendant cannot rely on his own wrong to justify the breach of contract.

RELIEF SOUGHT
9. Specific Performance: An order compelling the Defendant to specifically perform the
Agreement for Sale and sell the property to the Plaintiff for the agreed-upon price of Kshs.
40,000,000/-.
10. Damages: A general damages for the inconvenience and delay caused by the Defendant’s
breach of contract.
11. Costs: The costs of this suit, including advocate’s fees.