Gitau v Ng’ang’a & 2 others (Civil Appeal 37 (129) of 2019) [2024] KECA 528 (KLR) (9 May 2024) (Judgment)

Facts

The appellant filed a plaint in the Environment and Land Court alleging that he is the registered proprietor of a parcel of land known as Nakuru/Rotharini/3, measuring approximately 23Ha. He claimed that he entered into an agreement with the respondents for the sale of 2.7 acres of the suit land, which was to be excised from the suit land. The respondents paid Kes 550,000/-, leaving a balance of Kes 80,000/- to be paid by October 13, 2007. The appellant sought a declaration that the land transaction was void ab initio and an injunction against the respondents.

Issues

1. Voidness of the land transaction
2. Enforcement of the permanent injunction
3. Extension of time for obtaining Land Control Board consent

Reasoning

The court found that the appellant benefited from the land transactions and gave the respondents possession of the land. The only thing standing between the transfer of title was the Land Control Board consent and the balance of the purchase price. The court extended the time for applying for the Land Control Board consent as it was the only way to complete the agreement.

Outcome

Appeal dismissed

Authorities cited