William Abira Kebaki v Edward Obino Kenyariri & another [1998] KECA 166 (KLR)

Facts

The appellant William Abira Kebaki entered into an agreement of sale with the seller Augstino Omwamba Okundi for agricultural land. The payment of the purchase price was spread over two years, and the parties agreed to seek land board consent after the final installment. However, the land board consent was not obtained within six months as required by the Land Control Act.

Issues

1. Whether the appellant obtained the necessary land control board consent for the transaction as required by the Land Control Act.
2. Whether the transaction became void for all purposes after the expiry of six months from the agreement.

Reasoning

The court held that the appellant did not obtain the necessary land control board consent within six months as required by the Land Control Act, and thus the transaction became void for all purposes after the expiry of six months from the agreement.

Outcome

Appeal dismissed

Authorities cited