Anumo v Asoi & another
Anumo v Asoi & another [2025] KEELC 5248 (KLR)
The court found that the appellant improperly introduced new issues and evidence on appeal—specifically, the lack of capacity to contract and absence of Land Control Board consent—which were not pleaded or canvassed at trial. The appellate court is bound to determine the appeal based on the record and issues raised before the trial court. The trial magistrate did not err in validating the agreement for sale, as the contract met the requirements of the Law of Contract Act, and the parties admitted to its existence and to the respondent's possession. The trial court's order for specific perform…
Source excerpt
- Sale Of Land Agreements
- Specific Performance
- Land Control Board Consent
- Capacity To Contract
- Burden Of Proof
- Introduction Of New Issues On Appeal