Lly Odhiambo Onyuka v Ayub Odhiambo Migwalla [2005] KECA 275 (KLR)
- Court
- Court of Appeal
- Case number
- 275
- Citation
- [2005] KECA 275 (KLR)
- Decided
- 14 January 2005
The appeal is allowed, and the judgment of the High Court is set aside. The transaction is void due to the lack of consent from the Land Control Board within the required time frame.
Facts
The suit land was registered in the name of Ezekiel Onyuka, who died. His family appointed his son John Aloo Onyuka to manage the land. John Aloo Onyuka entered into a sale agreement with Ayub Odhiambo Migwalla for the land, which was later registered. The sale agreement was not dated, and the Land Control Board consent was given in a letter dated 24th January, 1996.
Issues
- Validity of the sale agreement due to lack of consent from the Land Control Board within six months of the agreement
- Capacity of John Aloo Onyuka to enter into the sale agreement
Reasoning
The sale agreement was not dated, and the Land Control Board consent was given in a letter dated 24th January, 1996, which was more than six months after the agreement. The court found that the transaction was void due to the lack of consent from the Land Control Board within the required time frame.
Outcome
Appeal allowed, judgment of the High Court set aside
Orders
- Set aside the judgment of the High Court
- Each party to bear their own costs
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