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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]
PLAINT
1. The Plaintiff invested under the project development agreement dated [date] for allocation of [redacted unit]. The contracting developer and registered project owner are [identify defendants and roles]. The Plaintiff paid KES 8,700,000 towards the agreed project contribution.
2. The agreement described the project contribution and completion obligations. Clause [number] concerning cost estimates and notification is set out accurately in the evidence bundle. The Plaintiff pleads the term as written and does not assume that the initial contribution was a fixed price if the agreement says otherwise.
3. The developer subsequently demanded a further contribution. The demand relied upon is [date and amount]. The Plaintiff disputed the basis of the additional cost and the monthly penalty imposed. Particulars are [identify the contractual notice, calculation or consultation breach actually alleged].
4. A notice dated 17 April 2015 demanded payment within seven days and warned of resale and refund. The Plaintiff identifies how and when the notice was received and the steps taken in response. The unit was subsequently sold to a third party.
5. The Plaintiff seeks specific performance only if the current title and the rights of every affected purchaser permit that relief on the pleaded case. The later purchaser’s interest is disclosed, and any relief affecting that person must follow joinder and a hearing.
6. In the alternative, if the agreement has been validly terminated or specific performance is unavailable, the Plaintiff seeks repayment of the KES 8,700,000 received by the contracting party, less only a deduction lawfully established under the contract and evidence.
7. Interest is sought from [pleaded date] on [legal or contractual basis]. The prayer distinguishes that claim from disputed penalty interest demanded by the developer. Any rent or other consequential loss is separately pleaded and supported, or omitted where no evidential basis exists.
8. The Plaintiff requests the appropriate declaration, primary relief if legally available, alternatively the proved refund, interest and costs. Prior settlement offers, related proceedings and the status of the unit are disclosed to the extent required by law.
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].
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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
The source plaintiff lost on termination and specific performance but obtained a refund. Do not present its unsuccessful theory as a guaranteed route. Use a verifying affidavit and other accompanying materials where required. Do not insert the source’s claimed 14 percent as an automatically applicable court rate.
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.
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
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