SIMON MUTHAMIA MUTIE vs PETER MBITHI KIMEU [2002] KEHC 956 (KLR)
- Court
- High Court of Kenya
- Case number
- 956
- Citation
- [2002] KEHC 956 (KLR)
The defendants defence is not a good defence and is struck out with costs to the plaintiff. The sale transaction is void due to lack of consent from the Land Control Board. The defendants is entitled to sue the plaintiff for a refund of his purchase price and to claim compensation for the developments made on the land.
Facts
The plaintiff and defendant entered into a sale agreement on 7.8.2000 for the sale of a share in a cooperative society. The plaintiff agreed to sell his share no. 435 at an agreed price of Kshs.210,000/=, with a balance of Kshs.60,000/=. The plaintiff was paid Kshs.150,000/=. The sale transaction was subject to the Land Control Act, which requires consent from the Land Control Board within 6 months.
Issues
- Whether the defendants defence is a good defence.
- Whether the sale transaction is void due to lack of consent from the Land Control Board.
Reasoning
The sale transaction is subject to the Land Control Act, which requires consent from the Land Control Board within 6 months. Since no consent was obtained, the transaction is void. The defendants defence does not raise any triable issues.
Outcome
Application granted, defendants defence struck out, declaration that agreement is null and void, order for refund and compensation.
Orders
- Defendants defence struck out.
- Declaration that agreement is null and void.
- Order for refund and compensation.
Remedies
- Refund of purchase price.
- Compensation for developments made on the land.
Authorities cited
Legislation (1)
- Land Control Act, cap 302 of the Laws of Kenya.
Cases cited (2)
- Karuri versus Gituro civil application 25/80 KLR.
- Gideon Mbwonoka Mweka versus James Muthui Kioko MKS HCCC 134/97.
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