St. Teresa ACK Nanga Church v Simon Owino Odinga & 3 others [2017] KEELC 3421 (KLR)
- Court
- Environment & Land Court
- Case number
- 3421
- Citation
- [2017] KEELC 3421 (KLR)
The court found that specific performance orders are not available to the plaintiff due to the lack of a formal sale agreement and the failure to obtain land control board consent within the required six months.
Facts
The plaintiff, St. Teresa Ack Nanga Church, sought to subdivide and transfer a quarter acre of land from Kisumu/Nyalenda 'B'/'2394' to itself. The defendants, Simon Owino Odinga, Stephen Odhiambo Odinga, Joseph Odhoch Odinga, and Martin Ogonyo Odinga, were the 1st to 4th defendants respectively.
Issues
- Subdivision and transfer of land
- Specific performance of the land sale agreement
- Refund of purchase price
Reasoning
The court ruled that the plaintiff's purchase price should be refunded because the sale agreement was not valid due to the lack of land control board consent and the absence of a formal sale agreement.
Outcome
The court ordered a refund of the purchase price paid by the plaintiff.
Orders
- Specific performance orders are not available
- Refund of the purchase price paid
Remedies
- Refund of the purchase price
Authorities cited
Legislation (1)
- Land Control Act Chapter 302 of the Laws of Kenya
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