Damaris Wanjiru Nganga v Loise Naisiae Leiyan & another; Victor Mahonga Ayumba (Third Party) [2020] eKLR Case Summary

Court
Environment and Land Court at Nakuru
Category
Civil
Judge(s)
J. M. Mutungi
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the judgment of Damaris Wanjiru Nganga v Loise Naisiae Leiyan & another, featuring insights from Victor Mahonga Ayumba as a third party. Learn about the key legal principles highlighted in this 2020 eKLR case.

Case Brief: Damaris Wanjiru Nganga v Loise Naisiae Leiyan & another; Victor Mahonga Ayumba (Third Party) [2020] eKLR

1. Case Information:
- Name of the Case: Damaris Wanjiru Nganga v. Loise Naisia Leiyan & Kenya Commercial Bank Limited
- Case Number: ELC NO. 82 OF 2015
- Court: Environment and Land Court of Kenya at Nakuru
- Date Delivered: 30th September 2020
- Category of Law: Civil
- Judge(s): J. M. Mutungi
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving several legal issues, including:
1. Whether the sale transaction between the plaintiff and the 1st defendant was null and void due to lack of consent from the Land Control Board.
2. Whether the remedy of specific performance was available to the plaintiff.
3. Whether the sale agreement was a nullity because it was entered into without the consent of the 2nd defendant as chargee.
4. Whether the rights of the 2nd defendant under the charge were affected by the contract between the plaintiff and the 1st defendant.
5. What orders or reliefs should the court grant.
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