John Muthusi Mweke v Mosoi P. Parkut [2020] KEELC 487 (KLR)

Facts

The Appellant, John Muthusi Mweke, sought a declaration that the agreement entered into with the Respondent, Mosoi P. Parkut, in 1990 is legally valid and created a binding agreement of sale. The Appellant also sought a permanent injunction and specific performance of the agreement. The Respondent, Mosoi P. Parkut, claimed he sold a different parcel of land and that the Appellant was leasing the land.

Issues

1. Whether the Appellant is entitled to the thirty-eight (38) acres of land from Kajiado/ Kaputiei Central/ 677 owned by the Respondent.
2. Whether the Appeal is merited.

Reasoning

The Court relied on legal provisions such as the Law of Contract Act, Land Control Act, and Limitation of Actions Act to determine that the Appellant's claim was statute barred and that the agreement was for a non-existent land.

Outcome

The Court dismissed the Appellant's appeal.

Authorities cited