Ngotho (Suing as the Legal Representative of the Estate of Ngotho Kiboi aka Benard Ngotho Kiboi - Deceased) v Chemgoren aka Hannah Soti Chemworem (Environment and Land Case E012 of 2020) [2025] KEMC 200 (KLR)

The agreement and addendum satisfied Section 3(3) of the Law of Contract Act being in writing, signed by both parties and witnessed by an advocate. The property, parties and price were described, making the contract enforceable. Land Control Board consent was unnecessary because the land was urban leasehold rather than agricultural land, so the Land Control Act did not apply.

The Defendant acknowledged receipt of Kshs. 150,000 but failed to subdivide the land to excise Parcel No. 2 or transfer the title to the deceased's estate. The Plaintiff's evidence was unchallenged as the suit was undefended, establishing a violation of contractual obligations by failing to perform promises made in the agreement.

The court found a valid contract, full payment by the Plaintiff, possession and development of the land, inadequacy of damages since the land was uniquely developed as the Plaintiff's family home, and the Defendant's continuing capacity to perform as registered proprietor. On equitable principles, specific performance was therefore warranted despite being discretionary.