Njagi (Suing as the Legal Representative of the Estate of the Late Justus Njagi Paul) v Mugwimi (Environment and Land Appeal E007 of 2024) [2025] KEELC 5902 (KLR)

Section 3(3) of the Law of Contract Act requires contracts for the disposition of interests in land to be in writing, signed by all parties and attested by a witness present at signing. The 17/4/2004 agreement was signed by all parties and witnessed by E.N Mutahi Advocate, and the 2008 memorandum was witnessed by Njue Njeru advocate. The trial court found a valid agreement and the appellate court saw no reason to interfere.

The 2004 agreement provided that transfer would occur after conclusion of Embu SPMCC Case No. 18 of 94, and the 2008 memorandum conditioned transfer on registration of the two brothers as proprietors. Advocate Njeru Ithiga testified the case was finalised only in 2016 or 2017. Enforcement therefore became possible only then, and a suit filed on 9/12/2017 was within the 12-year period under Sections 4(1) and 7 of the Limitation of Actions Act.

The Appellant produced original receipts, some issued in the Respondent's name but retained by her; the Respondent's own receipts bore identical numbers issued upon her payments. The Respondent offered no evidence that he paid the legal fees or subdivision costs, and no other explanation existed for the late Justus's payments to those firms. The court inferred the payments were made in fulfilment of the agreement, and the Respondent did not rebut this.

Having established a valid, enforceable and substantially performed agreement, and having contributed to subdivision costs, the Appellant was entitled to the acre from parcel 836, identified as the subdivided parcel 13769, with judgment entered for its transfer within 60 days.