Kibara v Miano (Environment and Land Appeal E015 of 2023) [2026] KEELC 774 (KLR) (18 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 774
- Citation
- [2026] KEELC 774 (KLR)
- Decided
- 18 February 2026
The sale agreement dated 30th May 2017 is null and void due to misrepresentation.
Facts
The appellant, Danison Muriuki Kibara, claimed a quarter acre portion of the suit land or a refund of Kshs. 400,000 and interest. The respondent, Bernard Wanjohi Miano, denied the contents of the appellant's plaint and asserted that the sale agreement was procured through fraud and misrepresentation.
Issues
- Validity of the sale agreement dated 30th May 2017
- Remedies available to the parties
- Costs
Reasoning
The court found that the respondent was induced to sign the agreement through misrepresentation, and the true intention was for the appellant to finance the subdivision of the land.
Outcome
The appeal is allowed, the judgment and decree of the learned Trial Magistrate are set aside, and an order allowing the appellant's claim as pleaded in the plaint is substituted.
Orders
- The sale agreement dated 30th May 2017 is null and void
- The respondent is ordered to release the original title deed for Mwerua/Kithumbu/895 to the appellant
- The costs of the counterclaim are ordered to be borne by the appellant
Remedies
- Order allowing the appellant's claim as pleaded in the plaint
Authorities cited
Legislation (1)
- Land Control Act
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