John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt
Karuru Munyororo v Joseph Ndumia Murage eKLR
Munyororo v Murage
Court of Appeal, at Nyeri
March 21, 1988
Nyarangi, Platt & Gachuhi JJA
Civil Appeal No 149 of 1986
(Appeal from the judgment of the High Court at Nyeri, O’Kubasu J)
Land law – Land Control Board’s consent – Board giving consent to transaction over three months after date of transaction–– consent given over three months after it was applied for – whether such consent valid - Land Control Act (cap 302)–sections 6(2), 9(2).
The parties entered into an agreement for the sale and subdivision of agricultural land on May 5, 1980. An application for the consent of the Land Control Board to the transaction was made on May 11, 1980.
The appellant could not attend at the Land Control Board because he had been arrested and detained. The Land Control Board nevertheless purported to give its consent on September 9, 1980.
The High Court (O’Kubasu J) observed that the period for the granting of the consent had to be extended because the appellant had not been able to appear before the Board. It was held that the consent was valid and an order was made for the specific performance of the contract for sale of the suit land.
The appellant appealed.
1. Under the provisions of the Land Control Act (cap 302) as then in force, the application for the consent of the Land Control Board had to be made within three months of the agreement, and then having been made, the consent either had to be granted or refused within three months.
2. If no action was taken within three months, it would be deemed that the consent had been refused.
3. The consent to the sub-division and sale having not been granted in time, the consent was void.
4. The provision of section 8 of the Land Control Act that the decision of the Land Control Board shall be final and not to be questioned by any court presupposed that the provisions of the Act have been carried out.
The Board had not complied with the Act in this case.
No cases referred to.
1. Land Control Act (cap 302) sections 6(2), 6(2)(a), 7, 8, 9(2)
2. Limitation of Actions Act (cap 22) generally
Mr. Njiru for the Appellant.
Mr. Mahan for the Respondent.