Millicent Janet Anyango Otom (Suing as a Widow and Legal Representative of the Estate of Jacob Odhiambo Millo) & Another v Action Aid Cooperative Savings and Credit Society Limited
The bottom line
#A Kenyan widow won her appeal against a Sacco, securing a Kshs 5.05 million refund with interest after the court found the land sale was never cancelled.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the trial court properly evaluated the evidence and consequently arrived at the correct decision in dismissing the Appellants' suit
- 2.Whether the deceased rescinded the sale Agreements and refunded the purchase price
- 3.Whether the appellants are entitled to registration of L.R. No. 13418/70 as administrators of the deceased's estate
- 4.Whether the Appellants are entitled to the monetary reliefs sought
- 5.Who to pay costs of the appeal
Key legal issues
#Whether the trial court erred in finding the sale agreements were mutually rescinded and the purchase price refunded
Yes - there was no evidentiary basis for the finding of rescission or refund of Kshs 3,200,000; the Respondent was estopped by its 28.11.2016 letter confirming the contract had not been revoked
The Respondent's letter of 15 October 2012 merely offered a refund as an alternative and did not constitute unequivocal termination. Its 28 November 2016 letter confirmed the contract had not been revoked and the title was being processed. No agreement, receipt, payment voucher or discharge note proved any refund of Kshs 3,200,000. The later 15 June 2020 letter alleging refund contradicted the 2016 letter, so the Respondent was estopped from pleading rescission.
Whether the Appellants were entitled to registration of L.R. No. 13418/70 as administrators of the estate
No - registration declined; refund of Kshs 5,050,000 with interest substituted
The Appellants did not prove they took possession or occupation of the suit property, which the court found did not form part of the estate, and they never availed a valuation report to guide the court on market value. The court therefore granted the alternative relief of refund of the purchase price as at 28.11.2016 with interest at court rates.
Whether the 1st Appellant was entitled to refund of Kshs 189,000 paid through standing orders
Yes - awarded with interest from May 2017
The 1st Appellant paid Kshs 189,000 through standing orders between June 2016 and May 2018 to keep the account active, and was told by the Respondent to stop payment because the property had not been registered in the deceased's name. That assertion was uncontroverted by the Respondent, which did not participate in the appeal.
Legal principles established
#- Uncontroverted evidence must still be interrogated; a plaintiff must prove its case on a balance of probabilities whether or not the evidence is challenged
- A party who by declaration or omission causes another to believe a thing true and to act on it is estopped from denying it (Section 120, Evidence Act)
- A first appellate court may interfere with a trial court's findings only where the trial court misdirected itself or was clearly wrong, occasioning misjustice
Court orders
#- 1.Judgment and decree of the trial magistrate dated 25.7.2024 overturned and substituted with judgment entered in favour of the Appellants against the Respondent
- 2.Declaration that the deceased performed his part of the sale agreements dated 1.12.2011 and 15.12.2011 and was entitled to 50% share interest of the suit property is declined
- 3.Respondent to refund Kshs 5,050,000 with interest at court rates from 28.11.2016 till payment in full
- 4.Respondent to refund Kshs 189,000 to the Appellant from May 2017 with interest at court rates till payment in full
- 5.Costs of the appeal and of the suit at the magistrates' court (CMELC No. E453 of 2023) awarded to the Appellants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Nairobi Milimani Chief Magistrate's Court
- ELC Case No. E453 of 2023
- Jurisdiction invoked
- First appellate jurisdiction over the magistrates' court (Environment and Land Court Act; memorandum of appeal dated 20 August 2024)
Relief refused
#Declaration that the deceased performed his obligations under the sale agreements and was entitled to 50% share interest in L.R. No. 13418/70 and 95
Appellants did not prove possession/occupation and the court opted for refund of purchase price instead of registration
Registration of L.R. No. 13418/70 in the names of the Appellants as administrators of the estate
Appellants did not prove possession and no valuation report was availed; refund ordered instead
Costs
Costs of the appeal and of the suit at the magistrates' court (Nairobi Milimani CMELC No. E453 of 2023) awarded to the Appellants.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The judgment and decree of the trial magistrate dated 25.7.2024 as entered against the appellants is overturned and substituted with an order that judgement is entered in favor of the Appellant/plaintiffs as against the Respondent.
The D e f e n d a n t / r e s p o n d e n t to r e f u n d the sum of kshs 5,050,000(5.05milliion), paid by the deceased to the Appellants with interest at court rates from 28.11.2016 till payment in full.
The Respondent was estopped from pleading rescission of the contract by deceased and refund of purchase price to the deceased based on documentary evidence on record hence find the contract was valid and enforceable.
It is ordered accordingly.
Issues in the judgment
#Cause title names one plaintiff but judgment identifies two Appellants
Delivery venue inconsistent with court station
Same letter given two different dates
Paragraph numbering skips 20
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Millicent Janet Anyango Otom (Suing as a Widow and Legal Representative of the Estate of Jacob Odhiambo Millo) & Another v Action Aid Cooperative Savings and Credit Society Limited", Case Analysis (2026). ELCLA/E123/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6030/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.