Bernard Gathogo Kangoro v David M Muchemi & another [2006] KEHC 3319 (KLR)

Facts

The plaintiff, Bernard Gathogo Kangoro, claimed that he had entered into a sale agreement with the 1st defendant, Lt. Col. (Rtd) David M. Muchemi, for the purchase of land titled No. 8 OLJORO OROK SCHEME/NYANDARUA. The plaintiff alleged that he had paid a deposit and applied to the Oljoro Orok Land Control Board for consent to transfer the land, but later learned that the land had been sold to the 2nd defendant, Stephen Kigen Gakenia, for Kshs.300,000.

Issues

1. whether the plaintiff entered into a sale agreement with the 1st defendant
2. whether the 1st defendant breached the agreement
3. whether the 2nd defendant is entitled to ownership of the land

Reasoning

The court determined that the plaintiff's claim was based on a misunderstanding and that the 2nd defendant had a valid title to the land.

Outcome

Affirmed