Assignment Task: Law of Contracts
On 20th April 2023, Omwami Lukorito signed a written sale agreement to buy five acres of Hassam Karanja's freehold land at Limuru known as Limuru/Silibas/Sisoi/10. Karanja signed the agreement which was witnessed by a lawyer from the firm of Loluka Advocates, LL.P. The agreed purchase price was Kenya Shillings Twenty One Million (Kshs. 21,000,000/-).
The completion date was 30th May 2023, after which Karanja was to give vacant possession of the property to Lukorito. Pursuant to the agreement Lukorito paid to Karanja the full purchase price. Contrary to the agreement and notwithstanding Lukorito's requests, Karanja has not completed the sale or taken any steps towards completion. Lukorito is seeking redress and he wants Karanja to be compelled to fulfill his obligations under the agreement and or to pay compensation for breach of the contract in lieu of or in addition to completion. Lukorito does not wish to leave any costs incurred in the pursuit of redress to go un-refunded. Koga and company advocates of Smooth Face Street, 62nd floor Dodo house Nairobi are acting for Omwami Lukorito.
Questions:
1. As a young associate in the firm of Koga, Omwami Lukorito has approached you for legal advice as to which court has jurisdiction to hear and determine his case. Based on relevant statutory provisions and applicable case law, advice him appropriately.
2. In the event that Omwami Lukorito is not satisfied with the decision of the court that you have advised him to go to and he prefers an appeal, advise him as to the likely court that will hear his appeal as well as the jurisdiction and composition of that court.
In his pursuit for justice in our courts Omwami Lukorito is likely to face some challenges.
3. Discuss some of these challenges that hinder access to justice and how to overcome them.