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Celine George v Jonah Chiroch & another (The Administratrix of the Estate of the Late Ernest Sum) [2017] KEELC 381 (KLR)

[2017] KEELC 381 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
381
Citation
[2017] KEELC 381 (KLR)
Decided
20 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCorampresiding judge
Holding

The agreement was not legal due to lack of consideration and failure to obtain necessary consents.

Facts

On 10.2.1982, the suit property was transferred to Ernest Kipkgetich Sum. On 18.3.1982, before his death, Sum entered into an agreement with Celine George to sell 100 acres of the land to her. The Land Control Board approved the sale on 14.3.1984.

Issues

  1. Whether the agreement between the plaintiff and deceased was legal.
  2. Was consideration paid?
  3. What is the effect of failure to pay consideration?
  4. Whether consent for participatory was obtained.
  5. Whether consent for transfer was obtained.

Reasoning

The court found that the agreement lacked legal consideration and that the necessary consents were not obtained, thus rendering the agreement void.

Outcome

The appeal was dismissed.

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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