ZACHARY WARWIMBO RUHANGI V. CLEMENT MUTURI KIGANO

JUDGMENT OF THE COURT

This appeal is against a ruling by the Environment and Land Court at Kerugoya (Olao, J) by which the appellant’s plaint was struck out and the respondent was ordered to refund to the appellant or his advocate the sum of Kshs.400,000 being purchase price of Land Parcel No. Loc. 12 SUB/LOC 1/GAKIRA/T.48.

That ruling followed an application by Notice of Motion brought by the respondent dated 15^th April, 2015 on the basis; first, that the contract giving rise to the cause of action concerned a controlled transaction under the Land Control Act but for which the requisite Land Control Board consent had not been obtained; and second, that agreement for the sale of the suit property was unenforceable, not having been signed by the parties as required by Section 3 (3) of the Law of Contract Act.

Aggrieved by that ruling, the appellant filed a notice of appeal and subsequently lodged this appeal charging that the learned Judge erred by;

“1 ... failing to note that the agreemen…