William Kiptarbei Korir & 6 others v Danson Muniu Njeru [2018] KECA 600 (KLR)
- Court
- Court of Appeal
- Case number
- 600
- Citation
- [2018] KECA 600 (KLR)
The court held that the consent to sub-divide the land into three portions did not constitute a valid consent for the transaction. The court also held that a consent to transfer was required by virtue of the provisions of section 6(3)(a) of the Land Control Act.
Facts
The appellants were in illegal occupation of land title No. Cheptiret/Cheplaskei Block 3/Sertwet/103 since 1994. The respondent claimed an order of permanent injunction, eviction, mesne profits, and costs. The appellants filed a counter-claim.
Issues
- Whether the consent to sub-divide the land into three portions constituted a valid consent for the transaction.
- Whether a consent to transfer was required by virtue of the provisions of section 6(3)(a) of the Land Control Act.
- Whether the respondent was bound to transfer the land by transmission once he obtained the letters of administration.
Reasoning
The court found that the consent to sub-divide the land was for the purpose of partition, not for the transfer of the land. The court also noted that the consent to transfer was mandatory under the Land Control Act.
Outcome
The appeal was dismissed, and the judgment and decree of the Environment and Land Court were upheld.
Orders
- The appellants were ordered to vacate the land title No. Cheptiret/Cheplaskei Block 3/Sertwet/103.
- The appellants’ counter-claim was dismissed with costs.
Authorities cited
Legislation (4)
- Land Control Act
- Law of Succession Act
- Registered Land Act
- Land Registration Act
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