[2020] KEELC 2917 (KLR)

[2020] KEELC 2917 (KLR)

The court found that the transaction between the parties was a controlled transaction under the Land Control Act, requiring consent of the Land Control Board within six months of the sale agreement. The applicant demonstrated that the delay in seeking consent was due to both parties' official duties in Somalia and...

Source-derived case information.

Citation
[2020] KEELC 2917 (KLR)
Parties
Applicant: Francis Gacheru Mwai; Respondent: Kelvin Muchira Kariuki
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Case Number
Environment & Land Miscellaneous Case 2 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Obtain Land Control Consent
Outcome
application allowed in part
Judges
DO Ohungo
Legal Topics
Land Control Consent, Controlled Transactions, Extension of Time, Sale of Agricultural Land
Source Language
en
Land and Property Land Control Consent Controlled Transactions Extension of Time Sale of Agricultural Land

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Parties

Francis Gacheru Mwai

Applicant

Kelvin Muchira Kariuki

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time to Obtain Land Control Consent

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to obtain Land Control Board consent for a controlled transaction after expiry of the statutory six months period.
  2. 2 Whether the reasons advanced for the delay constitute sufficient cause under Section 8 of the Land Control Act.

Ratio Decidendi

The court found that the transaction between the parties was a controlled transaction under the Land Control Act, requiring consent of the Land Control Board within six months of the sale agreement. The applicant demonstrated that the delay in seeking consent was due to both parties' official duties in Somalia and the respondent's unwillingness to facilitate the process. The court held that these reasons constituted sufficient cause to warrant extension of time under Section 8(1) of the Land Control Act. However, the court noted that the applicant should have moved the court earlier and, as a result, ordered each party to bear their own costs. The extension of time to obtain the Land...

Court Disposition

application allowed in part

Orders

  • Time within which to obtain consent of the Land Control Board in respect of the transaction comprised in sale agreement dated 7th October 2017 between the applicant and respondent is hereby extended by a period of 6 (six) months from the date of delivery of this ruling.
  • Each party to bear own costs.