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(1988) JELR 104982 (CA)

Court of Appeal  •  Civil Appeal 79 of 1986  •  20 May 1988  •  Kenya

Joseph Raymond Otieno Masime, Fred Kwasi Apaloo, Harold Grant Platt



May 20, 1988 Apaloo JA delivered the following Judgment.

The respondent is the registered owner of a piece of agricultural land known as Nandi/Sangalo/251 measuring 7.5 acres. In March 1970, he entered into a written agreement to sell it to the appellant at the price of Shs 2,800/=. Apparently, upon receipt of the purchase price, he put the appellant in possession. He is still in possession today.

Being agricultural land, the sale was subject to the consent of the Land Control Board. And the then extant legislation provided that the said consent must be obtained within three months of the agreement of sale. Thereafter, by the peremptory provision of the legislation, the agreement became “void for all purposes”. The Land Control Board consent was sought and given. But it was wholly outside the time limited for such consent by the statute. It was obtained in March 1980 – a period of 12 months from the date of the agreement.

Although the respondent sold and put the appellant in poss…

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