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Andrew Kiprop Ronoh v. Vitalis Sunguti Ligare & Isaac Kemboi

(2018) JELR 105570 (CA)

Court of Appeal  •  Civil Appeal 63 of 2015  •  17 May 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal from the judgment of the Environment and Land Court (Ombwayo, J.) whereby the court entered judgment for the appellant against the 1st respondent herein for Shs.3,250,000/= and 20% of the purchase price and costs of the suit and rejected the appellant’s other claims.

[2] On 28th March, 2013, the appellant herein filed a suit against the two respondents. He averred in the plaint, inter alia, that by a sale agreement dated 7th March, 2012, the 1st respondent agreed to sell to him land title No. Uasin Gishu/Tapsagoi Sett. Scheme/173 measuring approximately 7.0 Hectares for a consideration of Shs.3,500,000/=; that the appellant paid Shs. 3,200,000/= to the 1st respondent who acknowledged receipt thereof; that the title was deposited for safe custody with M/S Kiboss-Kibet and Co. Advocates who drew the agreement; that the appellant was to clear the balance of Shs. 300,000/= on 4th January, 2013, which was the completion date and receive the complet…

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