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ELCDismissedEnvironment and Land Appeal E006 of 2023· [2025] KEELC 5462 (KLR)

Chepsergon v Kelyo (Environment and Land Appeal E006 of 2023) [2025] KEELC 5462 (KLR)

Environment and Land Court
18 July 2025
2,010 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed that a land sale agreement signed by only one buyer or seller is invalid and cannot transfer any land ownership rights.

What this practically means

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Executive summary

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This was a first appeal to the Environment and Land Court at Kabarnet against the decision of a magistrate in a land dispute over Mochongoi Block II, plot number 442. The respondent (plaintiff) sued for eviction and a permanent injunction, alleging that a sale agreement dated 17th January 2017 over 2.5 acres was a fraudulent scheme hatched while she was away in Germany; she denied signing it. The appellant (defendant) counterclaimed for specific performance, asserting she had purchased and occupied the portion. The trial magistrate found the transaction invalid because the respondent did not sign the agreement, dismissed the trespass claim, and allowed the respondent to refund the purchase price. On appeal, the appellant did not file submissions, while the respondent relied on section 3(3) of the Law of Contract Act and Leo Investment Ltd v Estuarine Estate Ltd. The court, as a first appellate court, re-evaluated the evidence and held that it was undisputed the respondent never signed the agreement, which therefore contravened the mandatory requirements of section 3(3), and could not be saved under section 98 of the Evidence Act. Applying Kukal Properties Development Ltd v Tafazzal H. Maloo, the court held the agreement invalid and unenforceable. The appeal was dismissed with costs to the respondent.

Key legal issues

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01

Whether an agreement for the sale of land signed by only one party satisfies section 3(3) of the Law of Contract Act

Holding

It does not; the agreement is invalid, inoperative and unenforceable for want of execution by all parties

Reasoning

Section 3(3) of the Law of Contract Act mandates that a contract for the disposition of an interest in land be in writing, signed by all parties, and each signature attested by a witness present at signing. The undisputed evidence was that the respondent never signed the sale agreement. Relying on Leo Investment Ltd v Estuarine Estate Ltd and Kukal Properties Development Ltd v Tafazzal H. Maloo, the court held such a contract invalid and incapable of founding the appellant's claim.

p. 4
02

Whether the transaction could be saved under section 98 of the Evidence Act

Holding

No; the contract, entered into while section 3(3) was in force, is not savable under section 98 of the Evidence Act

Reasoning

The court found that the agreement was executed at a time when section 3(3) of the Law of Contract Act was in force. Because the mandatory formalities were not met, the transaction could not be rescued by the evidentiary provisions of section 98 of the Evidence Act, leaving the appellant without an enforceable agreement.

Legal principles established

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  • A contract for the disposition of an interest in land must be in writing, signed by all parties and each signature attested by a witness; an agreement signed by only one party is invalid and unenforceable
  • A first appellate court will not ordinarily interfere with findings of fact by the trial court unless they were based on no evidence, on a misapprehension of the evidence, or on wrong principles

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent

Authorities

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Legislation

  • Law of Contract Act (Cap 23)Section 3(3)
  • Land Registration ActSection 25
  • Land Act 2012Section 38(1)
  • Evidence Act (Cap 80)Section 98
  • Auctioneers Act (Cap 526)Not specified

Cases cited (5)

  • Leo Investment Ltd vs. Estuarine Estate Limited
    (2017) eKLR
  • Kukal Properties Development Ltd v Tafazzal H. Maloo & 3 others
    (1993) eKLR
  • Selle & another vs. Associated Motor Boat Co. Ltd
    (1968) E.A 123
  • Mwanasokoni vs. Kenya Bus Service Ltd
    (1982-88) 1 KAR
  • Kiruga vs. Kiruga & Another
    (1988) KLR 348
On appeal from
Magistrates' Court
Not stated
Jurisdiction invoked
First appellate jurisdiction over the subordinate court's decision (the judgment does not cite the specific statutory provision)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Chepsergon v Kelyo (Environment and Land Appeal E006 of 2023) [2025] KEELC 5462 (KLR)", Case Analysis (2025). Environment and Land Appeal E006 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5462/eng@2025-07-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.