Yawa & another (Suing as the legal representative of the estate of Makupe Yawa Mwalungo(Deceased)) v Baya & another (Civil Appeal 69 of 2019) [2022] KECA 395 (KLR) (4 March 2022) (Judgment)

Facts

The deceased, Makupe Yawa Mwalungo, sold 3 acres of land to Omar Tsuma Baya in 1988 for Kshs.54,000. The sale was not completed due to the deceased's death before payment of the balance. The appellants, as the deceased's widow and son, sought a declaration that the agreement was not binding and an order for eviction. The respondents claimed they had completed the sale and were the rightful owners.

Issues

1. Whether the agreement for sale of land dated 29th July 1988 was binding on the appellants
2. Ownership of the 7 acres of land sold by the deceased to Omar Tsuma Baya

Reasoning

The court held that the appellants had sold the land to the respondents and allowed them to take possession, creating a constructive trust. The court found that the appellants could not renege on the sale due to the constructive trust.

Outcome

Appeal dismissed

Authorities cited