Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Full text of the document
Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
STATEMENT OF DEFENCE
1. The First Defendant admits the project agreement and receipt of KES 8,700,000, subject to verification against the ledger. It denies that every estimate in that agreement was an immutable final construction price.
2. The First Defendant relies on clause [number], which provided for adjustment of estimated project costs and notification to contributors. The complete wording is produced, together with the other clauses governing contribution, completion and default.
3. Additional costs arose from [the excavation and material-cost items supported by the project records]. The First Defendant identifies the notification sent, its date, the demanded contribution and the calculation. It does not rely on an unexplained aggregate or the mere fact that other investors paid.
4. The Plaintiff declined to pay the additional contribution. The First Defendant issued the notice dated 17 April 2015 identifying the asserted default and the seven-day period. The Defendant relies on [proof of communication] and the contractual consequence pleaded.
5. The Defendant contends that termination followed the agreement. It denies that the Court can order transfer of a unit subsequently sold to a purchaser whose rights have not been set aside on a properly pleaded case.
6. The Defendant identifies the refund or alternative accommodation offered and the Plaintiff’s response. It does not plead a privileged settlement communication as an ordinary admission without counsel first considering its evidential status.
7. Any claimed penalty or deduction is pleaded by its contractual basis, period and calculation. If no lawful deduction is established, the Defendant’s resistance to specific performance does not by itself justify indefinite retention of the original contribution.
8. The Defendant denies unproved rental loss and damages and requests dismissal of unsupported primary relief. It invites the Court to determine any alternative repayment, interest and costs according to the contractual record and proved sums. The role and liability of each defendant are answered separately.
DATED at [place] on [date]. [Signature of party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
This is a reconstruction of the developer’s successful position on adjustment and termination, not an original defence. The source still required repayment. Verify service, contractual notice and the actual demanded amount; the source contains differing top-up references.
Source facts and limits of the decision
An investor paid KES 8,700,000 under a project development agreement. The developer required a further contribution, invoking a clause dealing with estimated project costs. The investor disputed the top-up and penalties. A notice dated 17 April 2015 preceded termination and resale of the unit. Project accounts, additional excavation and materials costs were discussed in evidence.
The Court accepted the contractual basis for cost adjustment and termination and refused specific performance of the unit already resold. It ordered refund of KES 8,700,000 with interest from seven days after the termination notice and awarded half the costs. The reasons refer to different top-up figures; a specimen must identify the actual demand rather than harmonise them by invention.
Read the project’s price-adjustment and termination provisions as a whole. Distinguish lawful adjustment from proved deductions and distinguish a refund remedy from an order affecting a later purchaser. A requested interest date or contractual penalty is not necessarily the date or rate ultimately awarded.
Read the original reported decision: [2024] KEELC 3450 (KLR) — 24 April 2024
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. The primary judgment was checked against a previously preserved full text. Current live retrieval of Kenya Law is unavailable in this session.
Related legislation and procedure
Law of Contract Act · Civil Procedure Act · Civil Procedure Rules
Read these alongside the source decision and your agreement. Check the law applicable to the material dates and the correct jurisdiction and procedure before adapting this sample.
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.