Emmanuel Ngade Nyoka v Kitheka Mutisya Ngata [2017] KECA 353 (KLR)
- Court
- Court of Appeal
- Case number
- 353
- Citation
- [2017] KECA 353 (KLR)
- Decided
- 22 June 2017
The appeal is dismissed with costs to the respondent.
Facts
The appellant and the respondent, along with a third party, entered into a sale agreement for the purchase of land parcel No. 173, Kijipwa Settlement Scheme. The appellant paid Kshs.450,000/= but the respondent and the third party failed to obtain necessary Land Control Board consent and execute transfer forms within 90 days. The appellant subsequently filed a claim for specific performance and mesne profits.
Issues
- Whether the appellant's claim for specific performance and mesne profits should be granted.
- Whether the doctrine of lis pendens applies to the appellant's actions of subdividing, selling, and transferring portions of the suit premises while the appeal was pending.
Reasoning
The court found that the appellant was aware of the pending appeal when he subdivided, sold, and transferred portions of the suit premises. The doctrine of lis pendens applies, and the appellant cannot be heard to argue that the interested parties were innocent purchasers for value without notice.
Outcome
Appeal dismissed
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