High Court Civil Case No.133 of 2007 Joachim Stackelberg Yolanda Firth v Sylke Obst

Dr. Wamuti Ndegwa acted for the Defendant in a claim based on breach of contract. 

Dr. Ndegwa successfully applied the principle of law that in a contract, a party who prevents the other party to the contract from completing his obligations in the contract cannot be allowed to use his own wrongdoing to prevent the innocent from enforcing the contract. 

Dr. Ndegwa succeeded in obtaining an order that,

  1. An order dismissing the Plaintiff’s suit and further, that the Plaintiff pay the Defendant the costs of the suit and costs of the counterclaim.
  2. The Plaintiff pay the Defendant damages in form of interest at 15% per year for breaching the contract for sale of land.

 

Judgement delivered on November 6, 2014.


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