Karuru Munyororo v Joseph Ndumia Murage [1988] KECA 84 (KLR)
- Court
- Court of Appeal
- Case number
- 84
- Citation
- [1988] KECA 84 (KLR)
- Decided
- 21 March 1988
The consent to subdivide and sell the land was not valid as it was given after the three-month period set by the Land Control Act had expired.
Facts
The appellant Karuru Munyororo owed Kshs 12,800.75 to the Settlement Fund Trustees. He agreed to sell four acres of land for Kshs 21,000 to the respondent Joseph Ndumia Murage. The appellant paid a deposit of Kshs 1,575 and the respondent paid Kshs 12,800.75 to clear the debt. The consent to subdivide and sell the land was given on September 9, 1980, after the three-month period set by the Land Control Act had expired.
Issues
- Whether the consent to subdivide and sell the land was valid
- Whether the Land Control Act was applicable to the transaction
Reasoning
The consent was given on September 9, 1980, which was after the three-month period set by the Land Control Act had expired. The Land Control Act does not provide for any period of disability which may be excluded.
Outcome
The appeal is allowed with costs.
Orders
- The consent to subdivide and sell the land is null and void.
- The respondent can claim whatever money he had paid as provided by section 7 of the Land Control Act (cap 302).
Remedies
- Refund of the amount paid by the respondent
Authorities cited
Legislation (1)
- Land Control Act (cap 302)
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