Olelimpaso Saitoti Peter Nkolope v Emmanuel Lekakeny Kayo [2016] KEELC 826 (KLR)
- Court
- Environment & Land Court
- Case number
- 826
- Citation
- [2016] KEELC 826 (KLR)
- Decided
- 13 May 2016
The court finds the plaintiff's application without merit and dismisses it. The interim order is vacated, and each party bears their own costs.
Facts
The plaintiff filed a suit against the defendant alleging that the defendant sold a portion of the suit land (LR No. Transmara/Olomismis Group Ranch/769) in 2013, but the plaintiff only received a portion of the land. The plaintiff sought an injunction to prevent the defendant from dealing with the land.
Issues
- Validity of the sale agreement
- Remedies available to the plaintiff
Reasoning
The court ruled that the sale agreement was void due to the lack of consent from the Land Control Board, and thus, the plaintiff cannot seek specific performance. The court also dismissed the injunction application as the plaintiff did not demonstrate a prima facie case.
Outcome
Appeal dismissed
Orders
- Interim injunction order vacated
- Each party bears their own costs
Remedies
- Recovery of the consideration paid
Authorities cited
Legislation (1)
- Land Control Act
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