DANIEL LUSAMAMBA KHAEMBA V GEOFFREY MULUNDA MUSAMALI [2012] KEHC 1914 (KLR)
- Court
- High Court of Kenya
- Case number
- 1914
- Citation
- [2012] KEHC 1914 (KLR)
- Decided
- 10 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from a lower court decisionCoramA. O. MUCHELULE
Holding
The Plaintiff's suit for eviction and permanent injunction is granted.
Facts
The Plaintiff sold one acre of his land to the Defendant for Ksh.320,000/=, with the Defendant agreeing to install power and apply the cost as part of the purchase price. The Land Control Board consent was not obtained, making the agreement null and void. The Defendant took possession of the land.
Issues
- Validity of the land sale agreement
- Payment of the actual cost of electricity installation
Reasoning
The agreement was null and void due to the lack of Land Control Board consent, and the actual cost of electricity installation was lower than the agreed amount.
Outcome
Plaintiff's suit granted
Orders
- Eviction of the Defendant from the land
- Permanent injunction to restrain the Defendant from trespassing on the land
Remedies
- Eviction
- Permanent injunction
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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