Alice Wambui Ndome v Muiru Property Investment Ltd [2014] KEHC 2566 (KLR)
- Court
- High Court of Kenya
- Case number
- 2566
- Citation
- [2014] KEHC 2566 (KLR)
- Decided
- 3 October 2014
The sale agreement is void due to the defendant's failure to obtain Land Control Board consent. The plaintiff's claim for specific performance, injunction, damages, and costs is dismissed.
Facts
The plaintiff, Alice Wambui Ndome, claimed to own land in Nyandurua/Kaimbaga/708, measuring about 40.44 Ha. She entered into a sale agreement with Muiru Property Investment Ltd on 29/4/08, but the defendant failed to pay the purchase price within 90 days and took possession of the title deed. The plaintiff alleged misrepresentation and breach of contract, while the defendant denied these claims.
Issues
- Voidness of the sale agreement
- Remedies for the plaintiff
Reasoning
The court found that the defendant did not provide a good reason for repudiating the agreement and that the Land Control Board consent was necessary for the sale of agricultural land. The transaction was therefore void, and the plaintiff cannot enforce the contract or seek damages.
Outcome
The plaintiff's claim is dismissed with costs to the defendant.
Authorities cited
Legislation (2)
- Land Control Act
- Cap 302
Cases cited (2)
- Jacob Michuki Minjire v Agricultural Finance Corporation Civil Appeal No. 61 of 1982
- Omuse Onyapu v Lawrence Opuko Kaala CA 21/1992
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