Kemei & another v Kirui (Environment & Land Case 51 of 2016) [2018] KEELC 3899 (KLR) (6 April 2018) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3899
- Citation
- [2018] KEELC 3899 (KLR)
- Decided
- 6 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication to strike out the suitCoramJM ONYANGO
Holding
The defendant's application has merit and the suit is struck out with costs.
Facts
The defendant sold land to the plaintiffs in 2005, but did not obtain consent from the Land Control Board within the required 6-month period, making the sale void.
Issues
- Whether the transaction is void for failure to obtain consent of the Land Control Board.
- Whether the plaintiffs are entitled to damages for breach of contract.
- Whether the plaintiffs' suit should be struck out.
Reasoning
The sale was void due to lack of consent from the Land Control Board, and any payments made are void under the Land Control Act.
Outcome
The suit is struck out with costs to the defendant.
Orders
- The suit against the defendant is struck out with costs to the defendant.
Remedies
- Recovery of the purchase price paid by the plaintiffs.
Authorities cited
Legislation (2)
- Land Control Act
- Development and Use of Land (Planning) Regulations, 1961
Cases cited (3)
- David Sironga Ole Tukai v Francis Arap Muge and 2 Others (2014) eKLR
- Simiyu v Watambamala (1985) KLR 852
- Wamukota v Donati (1987) KLR 280
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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