Chepsergon v Kelyo (Environment and Land Appeal E006 of 2023) [2025] KEELC 5462 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether an agreement for the sale of land signed by only one party satisfies section 3(3) of the Law of Contract Act
It does not; the agreement is invalid, inoperative and unenforceable for want of execution by all parties
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.
Whether the transaction could be saved under section 98 of the Evidence Act
No; the contract, entered into while section 3(3) was in force, is not savable under section 98 of the Evidence Act
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
#- 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
#- 1.The appeal is dismissed with costs to the respondent
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.