Stanley Mbugua Gachie v Lakeli Waithera & 2 others [1997] KECA 93 (KLR)
- Court
- Court of Appeal
- Case number
- 93
- Citation
- [1997] KECA 93 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the High Court of Kenya at Nairobi (Mwera, J. ) dated 14th November, 1995CoramJ. E. Gicheru, A. M. Akwummi, A. A. Lakha
Holding
The transaction is void for all purposes due to the failure to obtain the required consent from the land control board within six months of the agreement.
Facts
The first respondent's now deceased husband, Josephat Waichungo Ngeche, sold 0.5 of an acre of land to the appellant for K. Shs. 22,000/=, but the respondents claim he was not in control of his mental faculties at the time.
Issues
- Whether the appellant had a valid agreement to purchase the land
- Whether the land sale was properly registered and consented to by the appropriate land control board
Reasoning
The agreement was entered into on 15th April, 1982, and payment was made in stages until 30th August, 1985. The required consent was not obtained until three years and over seven months later.
Outcome
The appeal is dismissed with costs to the respondents.
Authorities cited
Legislation (1)
- Land Control Act, Chapter 302 of the Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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