In May of 2015, Mr. Miradi made an oral agreement with Mr. Miondoko for the sale of
Question:
In May of 2015, Mr. Miradi made an oral agreement with Mr. Miondoko for the sale of a piece of land situate in Nyeri County Land title No. Gakawa/Kahurura Block III/Mwichwiri/823 for a price of KShs. 10,000,000/-. Mr. Miondoko paid a deposit of KShs. 2,000,000 to Mr. Miradi. At the beginning of January 2024, Mr. Miondoko had paid the balance of the purchase price through various instalments after which Mr. Miradi informed him, he has decided that he wants to refund all monies paid by Mr. Miondoko as he has now found a new buyer with ready cash who wants to buy the piece of land at KShs. 12,000,000/-.
a. Mr. Miondoko has come to you for legal advice as to whether he can enforce his agreement against Mr. Miradi instead of accepting the offer of refund by the Mr.Miradi
b. Discuss whether the remedy of Specific Performance is available to Mr. Miondoko and give the reasons for your conclusion supporting your answer with relevant authorities.
question 4
One of the classifications of the jurisdictions of equity is concurrent jurisdiction.
Explain what you understand by this and discuss briefly what arose from this jurisdiction. (20 marks)
question 5
Explain the requirements for the grant of an interlocutory injunction both locally and in the United Kingdom. Support your answer with relevant case authority. 20 marks)
Dynamic Business Law The Essentials
ISBN: 978-1259917103
4th edition
Authors: Nancy Kubasek, Neil Browne, Daniel Herron