IN THE COURT OF APPEAL
AT KISUMU
(CORAM:PLATT, GACHUHI and APALOO JJA)
CIVIL APPEAL NO. 6 OF 1986
GABRIEL MAKOKHA WAMUKOTA ...........................APPELLANT
VERSUS
SYLVESTER NYONGESA DONATI ........................RESPONDENT
(Appeal from the High Court at Kakamega, Aganyanya J)
JUDGMENT
Platt JA Once again the trumpet of Equity has called into question the operation of the Land Control Act (Cap 302) by a party who has sold land and having not helped the purchaser to get consent to that sale, has resold later to another person, to which sale consent has been given, and the land transferred by registration to the new purchaser. It is sought by a finding of fraud to set aside the registration, and to induce the authorities to assist the first purchaser.
As the learned judge found them, the facts were that in January 1976, the respondent/defendant purchased land from Ismael Machio, and paid the full price of Kshs 12,742. The respondent Sylvester Nyongesa Donati, attempted to get Ismael to transf…