Fredrick Macharia Ngarrariga v John Nginya Mwangi [2020] KEELC 3450 (KLR)

Facts

The Plaintiff and Defendant had an oral sale agreement in 2002 for the sale of land, but the Plaintiff did not have the title to pass to the Defendant. The Plaintiff left for the United States in 2002, and the Defendant paid a deposit but has not paid the remaining balance.

Issues

1. Whether the Plaintiff had a title to pass to the Defendant.
2. Whether there was a valid sale agreement entered into by the parties.
3. Whether the parties are entitled to the reliefs sought in their pleadings.

Reasoning

The court determined that the Plaintiff did not have a title to pass to the Defendant because he did not have the title to the suit land at the time of the oral agreement. The sale agreement was not valid due to the lack of a letter of consent from the Land Control Board.

Outcome

The court dismissed the Plaintiff's claims.

Authorities cited