[2007] KEHC 3527 (KLR)
The court held that the tribunal and the Provincial Appeal Committee had no jurisdiction to determine or enforce contracts of sale of land in the absence of Land Control Board consent, as required by the Land Control Act. The agreement between the parties was void for want of consent, and no tribunal or court could...
Source-derived case information.
- Citation
- [2007] KEHC 3527 (KLR)
- Parties
- Appellant: Jamleck Kiura Murathi; Respondent: Angelius Gichobi Karuru; Respondent: Stanley Njogu. J. Maria
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 1999
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Land Control Board Consent, Jurisdiction of Tribunals, Sale of Land Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamleck Kiura Murathi
Appellant
Angelius Gichobi Karuru
Respondent
Stanley Njogu. J. Maria
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Provincial Appeal Committee and the tribunal had jurisdiction to determine disputes concerning contracts of sale of land.
- 2 Whether the absence of Land Control Board consent invalidated the enforcement of the sale agreement.
- 3 Whether the appropriate remedy was recovery of money paid rather than enforcement of the contract.
Ratio Decidendi
The court held that the tribunal and the Provincial Appeal Committee had no jurisdiction to determine or enforce contracts of sale of land in the absence of Land Control Board consent, as required by the Land Control Act. The agreement between the parties was void for want of consent, and no tribunal or court could lawfully order the transfer of land or enforce such a contract. The only remedy available to the respondents was to recover the money paid under the void agreement. Accordingly, the appeal was allowed and the orders of the lower tribunals were set aside.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The orders of the Provincial Appeal Committee and the tribunal are set aside.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Appeal 11 of 1999
JAMLECK KIURA MURATHI…………………......…………APPELLANT
VERSUS
ANGELIUS GICHOBI KARURU…….……….………1ST RESPONDENT
STANLEY NJOGU. J. MARIA………………………2ND RESPONDENT
JUDGMENT
This appeal arises out of decision of Provincial Appeal Committee in Case No. 56/98 concerning parcel of land No. Kabare/Kiritine/919. The appeal has been certified as giving rise to issues of law. The grounds of appeal are listed in the memorandum of appeal numbering 6. The summary of grounds is that there was no jurisdiction to determine on the matter of title and that there was no consent under Land Control Act. The dispute arose from the agreement of sale of some land which the Appellant agree to sell to the Respondents. The tribunal decided that the appellant should honour this agreement and ordered that the appellant should transfer this land (2 acres) to the Respondents as soon as the Bank released the Title Deed. The Tribunal also found that the Respondents should continue to utilize the farm and pay Shs.60,000/= for trees in that farm.
The Provincial Appeals Committee upheld this decision hence this appeal.
There was evidence that the mandatory Land Control Board Consent had not been obtained. It is clear that this dispute was concerning sale of land. Therefore the Tribunal has no jurisdiction of determining issues of contracts of sale of land.
Secondly no tribunal or court is empowered to make decisions to enforce contracts of sale of land where Land Board consent has not been granted. I therefore find that the remedy for complainants is to recover their money. They continue to commit offence in pursuance of the sale agreement of sale of land as provided under Land Control Act. The appeal is allowed with no order as to costs.
Dated this 27th November, 2007.
J. N. KHAMINWA
JUDGE
27/11/2007
Khaminwa – Judge
Njue – Clerk
Mr. Muraguri for Respondent
Read in open court.
J. N. KHAMINWA
JUDGE