Mnang'at Stephen Ramba & another v James Mariach Kokita & another [2014] KEHC 2306 (KLR)
- Court
- High Court of Kenya
- Case number
- 2306
- Citation
- [2014] KEHC 2306 (KLR)
- Decided
- 22 October 2014
The application is dismissed with costs to the respondents as the suit land is not registered in the applicant's name and the prayer for declaration of the agreement as null and void cannot be allowed.
Facts
The first defendant/Applicant filed a notice of motion seeking to declare a sale agreement null and void due to lack of consent from the Land Control Board. The suit land is registered in the name of the applicant's wife, who did not sign the agreement. The respondents opposed the application, claiming the land is not within a controlled area and that the Kshs.800,000/= is at the center of their claims.
Issues
- Whether consent of the Land Control Board was required
- Whether judgment on admission can be granted
Reasoning
The court found that the land is not within a controlled area and that the applicant's wife did not sign the agreement. The court also noted that the Kshs.800,000/= is central to the respondents' claims and cannot be granted as a separate relief.
Outcome
Application dismissed
Orders
- Application for declaration of sale agreement null and void dismissed
- Judgment on admission of Kshs.800,000/= denied
Authorities cited
Legislation (1)
- Land Control Act
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