Margaret Apiyo v Jotham Chemwa Matayo

High Court, at Kakamega October 29, 1992

Osiemo J

Civil Appeal No 118 of 1991

Land – agreement for sale of land – agricultural land – where an application for consent in respect of controlled land was made almost two years after making of agreement – whether the transaction became void for all purposes because of this.

The appellant entered into an agreement for sale of land parcel no Shamberere /Kabras/1509 with the respondent. The nature of the land was agricultural land, the purchase price was Kshs 40,000. It was alleged that the respondent paid Kshs 1000 and used tricks to register the ranch under his name. He never paid the remaining Kshs 39,000. It was further alleged that the appellant never appeared before the Land Control Board to facilitate consent.

The respondent on his part contended that he entered into the sale agreement on 26.1.86 and was given consent on 24.12.1987 by the Land Control Board. The respondent contended that the appellant accompanied him to the Land Control Board for consent.

The appellant therefore sued the respondent for the recovery of Kshs 39,000 being the balance of the purchase price, because as it were the transaction for the transfer of land had not been effected and consent not given without the payment of this amount.

Held:

1. By the time the consent was purportedly given, the transaction had become void for all purposes and therefore it was a nullity.

2. The result therefore was that the respondent did not purchase the suit land, and therefore the title of the appellant, Margaret Apiyo over land parcel No Shamberere/Kabras/1509 was not affected.

Judgment set aside.

Cases

Wamukota v Donati [1987] KLR 280

Statutes

Land Control Act (cap 302) sections 2, 6, 6(1),(3); 7; 8(1)