HARAMBEE CO-OPERATIVE SAVINGS & CREDIT SOCIETY V. MUKINYE ENTERPRISES LTD

JUDGMENT

The appellant, as plaintiff in Civil Suit No 3523 of 1979, in the High Court of Kenya at Nairobi, claimed from the respondent, the defendant in that suit, specific performance of an agreement in writing dated March 7, 1975, whereby the appellant agreed to purchase and the respondent agreed to sell a parcel of land LR 8788/5 Kasarani, Kiambu, for a consideration of Kshs 2,520,000. The appellant has paid Kshs 2,460,000, retaining the balance of Kshs 60,000 to offset the cost of road construction which in terms of the agreement the respondent was obliged to carry out. It has not been suggested, either in the High Court or in this court that this retention was unjustified and it is common ground that the purchase price was paid in full.

The respondent resisted the claim for specific performance on the pleaded ground that the transaction, being controlled transaction in terms of the Land Control Act, cap 302 (hereinafter referred to as the Act) was null and void as the consent of th…