Njagi & another v Gatua & 3 others (Environment and Land Appeal E010 of 2025) [2026] KEELC 970 (KLR) (16 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 970
- Citation
- [2026] KEELC 970 (KLR)
- Decided
- 16 February 2026
The MoU was not legally binding and was a family understanding made out of goodwill. The judgment and decree in the lower court is set aside. The Respondents' claim before the trial court is dismissed.
Facts
The Appellants and Respondents entered into a Memorandum of Understanding (MoU) regarding the sale of land known as Ngandori/Kirigi/xxx. The Respondents claimed the Appellants breached the MoU by not paying the agreed sums, while the Appellants argued the Respondents were not beneficiaries of the land and had not fulfilled their part of the MoU.
Issues
- Whether the MoU constituted a binding and enforceable agreement between the parties.
- Whether the Appellants were under legal obligation to compensate the Respondents for the land they inherited.
Reasoning
The court held that the MoU was not a binding contract due to its lack of standard features and the absence of consideration from the Respondents. The Appellants were not under any legal obligation to compensate the Respondents for the land they inherited.
Outcome
The judgment and decree in the lower court is set aside. The Respondents' claim before the trial court is dismissed.
Orders
- The judgment and decree in the lower court is set aside.
- The Respondents' claim before the trial court is dismissed.
Authorities cited
Cases cited (1)
- Kenya Railways Corporation & 2 others versus Okoiti & 3 others (2023) KESC 38 (KLR)
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